CONSTABLE GURMUKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS writ petition has been filed by constable Gurmukh Singh for quashing charge-sheets Annexures P-8 (dated 28. 1. 1991) and P-13 (dated 21. 10. 1991 ).

(2.) IN both the charge-sheets, the allegation against the petitioner is that he along with others voluntarily collected Rs. 50/- each from other constable and Head constables to file writ petition in the High Court. It is not necessary to refer to different enquiries initiated before framing of the charge-sheets as no evidence was collected therein against the petitioner. However, subsequently, on complaint Annexure P-6, again enquiry was got conducted and on the report, the charge-sheet was framed. The stand of the petitioner is that such collection for having legal redress for filing writ petition in the High Court will not be a mis-conduct as covered by rule 14. 25 (4) of the Punjab Police Rules.

(3.) ON the other hand, stand of the respondents is also based on the aforesaid rule that any voluntary contribution collected from Constables or Head Constables would amount to mis-conduct. Rule 14. 25 reads as under :