RAJ KUMAR TOKAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the instant writ petition is to the order dated 27.2.2010, Annexure P14, passed by the Deputy Commissioner of Police, Headquarters, Gurgaon whereby a penalty of stoppage of two future increments with permanent effect has been imposed upon the petitioner. Furthermore, challenge is also to the order dated 3.7.2010 passed by the Commissioner of Police, Gurgaon dismissing the statutory appeal filed by the petitioner against the order of penalty.

(2.) Facts leading to the filing of the present writ petition, in brief, are that the petitioner was initially appointed as a Constable with the Haryana Police in the year 1981. He thereafter earned promotions as Head Constable in the year 1999 and then as Assistant Sub Inspector of Police in 2006. In the year 2009, the petitioner was posted as ASI at Police Station Bhondsi, Gurgaon. Private respondent No.5 Ms.Rani Devi, Sub Inspector was at that point of time posted as SHO of the concerned Police Station. Vide order, dated 2.5.2009, passed by the Deputy Commissioner of Police, Headquarters, Gurgaon, Annexure P8, a regular departmental enquiry was ordered against the petitioner. A perusal of such order would make it apparent that the departmental enquiry stood initiated against the petitioner on the report of SHO, Police Station Bhondsi, Gurgaon i.e. respondent No.5. The petitioner, accordingly, was served with the summary of charges which were regarding not taking interest in the work of investigation, not conducting proper proceedings on a complaint bearing No.95-SP dated 23.4.2009 and letting off suspected persons handed over by Gram Panchayat Dhamjod without verification and in this regard taking illegal gratification of Rs. 25,000/- from one Smt.Bala Bai wife of Puran Singh, resident of village Dhamjod.

(3.) The petitioner submitted a reply to the charge sheet and thereafter, the Enquiry Officer i.e. Assistant Commissioner of Police, Sadar East, Gurgaon submitted an enquiry report dated 27.1.2010 holding the petitioner guilty of the charges levelled against him. Agreeing with the findings of the Enquiry Officer, the Punishing Authority served upon the petitioner a show cause notice dated 2.2.2010 contemplating the imposition of a penalty of stoppage of five future increments with permanent effect. The petitioner submitted a detailed reply, dated 19.2.2010, to the show cause notice, Annexure P13. The Punishing Authority thereafter having afforded an opportunity of personal hearing to the petitioner passed the impugned order dated 27.2.2010 imposing the punishment of stoppage of two future increments with permanent effect. The petitioner preferred an appeal dated 9.3.2010, which stands rejected in terms of impugned order dated 3.7.2010, Annexure P16, passed by the Appellate Authority.