SUSHILA SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner No. 1 is an unfortunate widow of late Head Constable Raja Ram. Petitioner Nos. 2 to 4 are his sons. They all have invoked the jurisdiction of this Court for setting aside/quashing the order dated 19th September, 2001, whereby late Raja Ram was dismissed from service by invoking the powers conferred on the Disciplinary Authority under proviso (b) to Article 311(2) of the Constitution of India. The claim made in the petition is also to quash the subsequent order passed by the respondents on 19th December, 2005, which was so made pursuant to the direction issued by this Court in an earlier writ petition filed by the petitioners, directing the respondents to consider the plea in regard to quantum of punishment imposed. This was on the ground that one Jaivir Singh Dalai, who was similarly situated was imposed punishment of stoppage of three increments, whereas late Raja Ram was dismissed from service.

(2.) Late Raja Ram, husband of petitioner No. 1 had joined as Constable with Haryana Police on 30th September, 1976. Later, he was promoted as Head Constable. The deceased husband of petitioner No. 1 was elected as President of the Association, which was formed after grant of due permission by the Government to form such an Association. The election to elect the office bearers of this Association were held under the directions of DGP, Police Haryana on 8th November, 2000. This was on account of a writ petition filed by the late husband of petitioner No. 1. He had also to file contempt petition impleading the Financial Commissioner and Secretary Home and the Director General of Police as respondents. As per the petitioners, they accordingly carried a grudge against the late husband of petitioner No. 1 on this count.

(3.) It is alleged that a press note was issued in the Newspaper on behalf of HC Raja Ram, who was President of the Association, for which he was charge-sheeted along with Constable Jaivir Singh Dalai, Vice President of the Association. The allegations made were that press note was issued against the senior police officer reciting "RAJYA POLICE PRAMUKH PAI POLICE KARMIIYON KE HITON KI UPEKSHA KA AAROP". This was stated to be against the rules and regulations. Late HC Raja Ram submitted his reply to the charge-sheet on 28th January, 2001, A DSP was detailed to conduct preliminary enquiry. It is pleaded that the said DSP did not conduct proper enquiry and also did not associate late LIC Raja Ram with the enquiry in any manner. The Enquiry Officer recommended action against late HC Raja Ram as well as against Jaivir Singh Dalai. FIR was also registered against the HC under Sections 153A/500/501 IPC. Petitioner No. 1 would plead that her husband could not join the enquiry as he was admitted in the hospital. Late HC had also filed Writ Petition No. 13266 of 2001, challenging the enquiry proceedings. The wirt petition, however, was got dismissed as withdrawn. Without considering the long service rendered by the late HC Raja Ram, he was ordered to the dismissed from service on 19th September, 2009. The Vice-President Jaivir Singh Dalai, however, was let off with punishment of stoppage of three annual increments only.