ESI ISHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, who is serving as ESI with the Haryana Police, has filed the instant writ petition impugning the order dated 27.4.2010, Annexure P4, whereby he has been imposed a penalty of stoppage of two annual increments with permanent effect and it has further been directed that the period of suspension i.e. 5.11.2009 to 15.12.2009 shall not be treated as duty period. Further challenge is to the order dated 11.6.2010, Annexure P6, whereby the Appellate Authority has affirmed the order of punishment.

(2.) BRIEF facts of the case are that the petitioner joined the Police Department, State of Haryana as Constable on 23.10.1973. Thereafter, he earned promotions to the rank of Head Constable, ASI, and further as ESI in the year 2008. On 5.11.2009, the petitioner was proceeded against departmentally on the following article of charge:

(3.) LEARNED counsel appearing for the petitioner has argued that the petitioner has been falsely implicated on the charge of taking liquor while on duty and attributes a motivated attempt in this regard at the hands of SHO, Ambala Cantt. It has been argued that during the departmental enquiry, no documentary evidence in the nature of a complaint made by a public person etc. had been adduced towards the petitioner having consumed alcohol. That apart, it has been argued that it is upon due appreciation of evidence that the Enquiry Officer had exonerated the petitioner and as such, there was no occasion for the Punishing Authority to have differed with the findings returned by the Enquiry Officer. Learned counsel has further urged that there is no concrete finding against the petitioner as regards having consumed alcohol while on duty. The case set up on behalf of the petitioner is that he had an unblemished record of service and as such, the major penalty of stoppage of two increments with permanent effect is harsh and disproportionate to the charge levelled against him.