RAM SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Prayer in this writ petition is for issuance of writ of certiorari for quashing the Inquiry Report (Annexure-P-1), show cause notice dated 2.8.2006 (Annexure-P-2), order dated 4.10.2006 (Annexure-P-3), passed by the Superintendent of Police, Panchkula-respondent No. 4, order dated 16.1.2007 (Annexure-P-4), passed by the Inspector General of Police, Ambala Range, Ambala Cantt.-respondent No. 3, order dated 5.9.2007 (Annexure-P-6), passed by the Director General of Police, Haryanarespondent No. 2 and order dated 11.8.2008/4.9.2008 (Annexure-P-7), passed by the Financial Commissioner and Principal Secretary to Government of Haryana, Department of Home-respondent No. 1, vide which the punishment has been imposed upon the petitioner after holding a regular departmental inquiry.

(2.) Briefly, the facts of the case are that the petitioner, when was posted as Head Constable at Police Post Ramgarh, which falls within the jurisdiction of Police Station Chandi Mandir, District Panchkula, on the basis of a secret information received by the then Station House Officer, a DDR on 5.2.2006 was recorded in the Rojnamcha of Police Post Ramgarh that when the then SHO was present at Matawala Chowk, on that day, he received a secret information that the petitioner had apprehended thieves who had stolen submersible motor water pumps from Golden Forest Billa and by taking illegal gratification, the said thieves were let off by the petitioner on 18/19.1.2006. Petitioner was immediately suspended and a departmental inquiry was initiated against him. An FIR dated 31.1.2006 stood registered for the offence of theft committed on 18/19.1.2006 wherein the accused were apprehended on 31.1.2006 itself, but nothing incriminating came out of the same. After holding an inquiry, report (Annexure-P-1) was submitted by the Inquiry Officer to the Superintendent of Police, Panchkula, and on going through the same, a show cause notice dated 2.8.2006 (Annexure-P-2) was served upon the petitioner, to which petitioner filed a reply and by accepting the inquiry report and not agreeing to the reply filed by the petitioner to the show cause notice, he was held guilty and the punishment of reversion to the post of Constable from the post of Head Constable was imposed upon him, vide order dated 26.9.2006/4.10.2006 (Annexure-P-3). It was further ordered that petitioner shall not be given any benefit of suspension period from 5.2.2006 till the date of passing of the order, except the subsistence allowance.

(3.) Against this, petitioner preferred an appeal which was partly allowed by the Inspector General of Police, Ambala Range, Ambala Cantt., vide order dated 16.1.2007 (Annexure-P-4) and the punishment of reduction in rank was reduced to stoppage of five increments with permanent effect. Revision preferred by the petitioner was again partly allowed and the punishment was further reduced to stoppage of three future annual increments with permanent effect by the Director General of Police, Haryana, vide order dated 5.9.2007 (Annexure-P-6). Memorial submitted by the petitioner was filed by the Government, vide order dated 11.8.2008/4.9.2008 (Annexure-P- 7). Thereafter, the petitioner has approached this Court by filing the present writ petition.