SURINDER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 15.12.2010 (Annexure P-7) passed by the Inspector General of Police, Railways and Technical Services, Haryana-Respondent No.3 under Rule 16.28 of the Punjab Police Rules, 1934 (hereinafter referred to as 'the 1934 Rules') disagreeing with the order of the punishing authority exonerating the petitioner in the departmental inquiry held against him and imposing a punishment of stoppage of two annual increments with permanent effect. Challenge is also to the order dated 29.07.2011 (Annexure P-11) passed by the Director General of Police, Haryana-Respondent No.2 under the 1934 Rules dismissing the review petition preferred by the petitioner against the order of punishment and enhancing the punishment of the petitioner to dismissal from service.

(2.) Briefly the facts are that the petitioner was enrolled as a Constable in Commando Police Force, Haryana on 01.06.2003. He was awarded 15 commendations certificates with or without cash reward during the short span of service. No adverse entry has been made against the petitioner.

(3.) While he was serving the police department, one Bishan Singh son of Gopi Ram, who was native of the village of the petitioner and had some grudge against the petitioner and his family filed a complaint to the Superintendent of Police, CID Madhuban against the petitioner that the actual date of birth of the petitioner is 15.01.1980 and this was reflected in his Middle Standard Examination Certificate issued by the Board of School Education, Haryana, Bhiwani in the year 1995 whereas in the Senior Secondary School Certificate of the National Open School, New Delhi, the date of birth of the petitioner has been shown as 15.01.1982. On the basis of this complaint, FIR No.134 dated 01.10.2005 under Section 465, 467, 471 and 120-B Indian Penal Code was registered at Police Station Bhattu Kalan, Fatehabad against the petitioner.