SONIA Vs. THE STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The petitioner is a lady Constable. She has invoked the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India against an order of punishment imposing stoppage of five annual increments with permanent effect by order dated 16.04.2012 passed by the Superintendent of Police, Jind. Her salary for the suspension period for 09.07.2011 to 28.07.2011 has been forfeited. The order of punishment has been upheld in appeal before the Inspector General of Police, Hisar Range, Hisar vide order dated 12.07.2012 (P-9) and the revision before the Additional Director General of Police, Administration, Haryana-cum-Revisional Authority has failed confirming the major punishment inflicted. The summary of allegations against the petitioner are that while posted as Constable at the Safe House meant for runaway couples at about 7 PM of 8/9.7.2011 while on duty the Safe House was subjected to surprise checking by Inspector Paramjit Singh, SHO, Jind who found some Constables absent from duty while one Constable Mahabir Singh was discovered under the influence of liquor. The charge against the petitioner was that during the surprise checking an "unknown young boy" had met her while on duty whom she claimed was her relative. She was charged with calling on unknown young boy at the place of duty. This charge has been proven at the enquiry which has led to the order of punishment. The findings of the Enquiry Officer, District Inspector, Jind, in the enquiry report dated 28.02.2012 read as follows:-

(2.) In her explanation to the show cause notice and before the Enquiry Officer was that the person who had visited her was well known to her and had come to hand over a BA mark sheet. After handing over the mark sheet to her in the presence of all, he left. The Enquiry Officer has held that the petitioner called an unknown boy whose name and address is not known to the Safe House.

(3.) Even assuming that a man had come to the petitioner whether he was called or not is not enough to bring home the charge and award major punishment of withholding of stoppage of five future annual increments with permanent effect.