RAM PHAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The instant appeal under Clause X of the Letters Patent is directed against order dated 9.12.2010 rendered by the learned Single Judge dismissing the petition preferred by the appellant. Feeling aggrieved the appellant has preferred the instant appeal under Clause X of the Letters Patent challenging the order of the learned Single Judge.

(2.) The impugned judgment has discussed the detailed facts which had led to the promotion of the appellant to the post of Inspector w.e.f. 09.04.1992. The appellant was posted as Inspector/Station House Officer, Police Station City Kaithal. On account of illegal detention and torture of Sh. Chaman Lal Saraf and Sh. Indresh Kumar on 25/26.06.1992, the State Government appointed a one man Commission of Enquiry which was headed by Sh. O.P. Gupta, District & Sessions Judge, Kurukshetra. The Commission of Enquiry recorded a finding of fact that there was an illegal detention and torture of the aforesaid persons. In other words, Sh. O.P. Gupta, District & Sessions Judge, Kurukshetra inquired into the allegation of illegal detention and torture of Sh. Chaman Lal Saraf and his son Sh. Indresh Kumar on the night of 25/26.6.1992 by the appellant and Kaithal Police. The commission of enquiry submitted his report to the respondent-State on 31.07.1993. On the basis of the aforesaid report, a departmental enquiry was ordered to be held. Even in a departmental enquiry conducted by Shri Vishal Singh, DSP Panchkula, the appellant was found guilty. As per the report of the Enquiry Officer dated 12.02.1996/24.02.1996, a show cause notice was issued and the appellant duly entered reply to that notice. The Deputy Inspector General of Police, Rohtak, range Rohtak passed an order dated 29.03.1996 (P-10) reverting the appellant from the post of Inspector to that of Sub Inspector. Even the appeal filed against the order inflicting punishment of reduction in rank, was dismissed by the Director General of Police on 27.04.1996 (P-14).

(3.) The matter did not rest there, during the pendency of the departmental enquiry pending against the appellant and other code faulters, the victim of torture Shri Chaman Lal filed a SLP (Criminal Writ Petition No. 2228 of 1995) in Honourable the Supreme Court which came up for hearing on 09.02.1996. The Bench of Honourable the Supreme Court took serious objection for failure to launch any prosecution against the appellant and others who had been indicted by the commission of enquiry. The Bench also expressed its dissatisfaction that the appellant was reinstated and posted in the criminal branch. The punishment of reduction in rank given to the appellant was reviewed by the Director General of Police-respondent No.3 in exercise of power under Rule 16(2) of the Punjab Police Rules, 1934 (as applicable to Haryana). Accordingly, the punishment of reduction in rank was converted to that of dismissal of service vide order dated 27.4.1996 after giving proper opportunity to the appellant to defend himself.