GURMIT SINGH Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) The petitioner who is serving as a Constable with the Punjab Police, has filed the instant writ petition questioning the validity of the order dated 30.7.2011 (Annexure P-11) passed by the Inspector General of Police, Zonal-I, Punjab, Patiala vide exercise of powers under Rule 16.28 of the Punjab Police Rules, a punishment of confiscation of 5 years service permanently for annual increments and treating his absence period as nonduty and non-salary, has been passed. Further challenge is to the order dated 9.8.2012 (Annexure P-13) and order dated 2.5.2013 (Annexure P-15), whereby the appellate and revisional authorities have affirmed the order of penalty.

(2.) Brief facts that would require notice are that the petitioner had been proceeded against departmentally on the charge of having remained absent from duty for the period w.e.f. 15.3.2007 to 5.7.2008. Inquiry findings having been returned against the petitioner and he having been found guilty of the charge, the punishing authority issued show cause notice dated 27.9.2010 contemplating the imposition of major penalty of dismissal from service as also treating the period of absence as non-duty and without salary. After considering the reply submitted by the petitioner to the show cause notice, the punishing authority imposed penalty by confiscating 4 years service permanently for annual increments. The appeal preferred by the petitioner was partly accepted by D.I.G., Patiala Range and accordingly the penalty was converted to confiscating 4 years of service temporarily for annual increments vide order dated 24.5.2011.

(3.) Apparently, the Inspector General of Police, Zonal-I, Punjab, Patiala chose to invoke the power of review under Rule 16.28 of the Punjab Police Rules and accordingly, issued a show cause notice dated 27.6.2011 to the petitioner in terms of which the penalty already awarded to the petitioner was provisionally being considered to be enhanced to that of dismissal from service. The petitioner submitted a reply to such show cause notice and was even afforded an opportunity of personal hearing on 29.7.2011. Thereafter, vide impugned order dated 30.7.2011 passed by the Inspector General of Police, Zonal-I, Punjab, Patiala the earlier order of punishment imposed upon the petitioner has been enhanced to confiscating his 5 years service permanently for annual increments and his absence period has been treated as non-duty and without salary. The appeal and revision preferred by the petitioner also stand rejected in the light of impugned orders dated 9.8.2012 (Annexure P-13) and 2.5.2013 (Annexure P-15). It is against such factual backdrop that the instant writ petition has been filed.