KATAR SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) A charge was laid against the petitioner, an Exemptee Head Constable (EHC) of grave misconduct while posted at Police Station Murthal of drug dealing. This was on a disclosure statement of one Sonu Mandal r/o Uttar Pradesh in the course of investigation that the petitioner was involved in sale of contraband poppy straw at Satnam Dhaba, Grand Trunk Road, Murthal to truck drivers and other wayside customers. A criminal case was registered against the petitioner in F.I.R. No. 25 dated 22.01.2009 at Police Station Murthal for offences under S. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Special Judge, Sonepat was constrained after trial to acquit the accused including the petitioner by judgment dated 07.02.2011 by giving the accused the benefit of doubt. The trial Court expressed its anguish on the conduct of the Investigating Officer and S.H.O. Ramphal who derelicted in duty by not deposing to relevant testimony which he ought to have done in the witness box to bring home the charge of which he was part and parcel culminating in presentation of challan before the Special Judge. The Special Judge in his order recorded as follows: - -

(2.) ON the basis of the findings arrived at in the enquiry proceedings, the punishing authority, i.e., the Senior Superintendent of Police, Sonepat while agreeing with the findings recorded on 29.12.2011 imposed major punishment of stoppage of two future annual increments with permanent effect by the impugned order dated 23.01.2012 (P -3).

(3.) THIS petition has been filed assailing the three orders confirming punishment.