DILBAGH SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Following proof of misconduct, the petitioner, who was an Assistant Sub Inspector in the police department, was reverted by punishment order dated 25.7.2011 (Annexure P-9) to the rank of Head Constable. The petitioner is, thereafter, working on the lower post.

(2.) The brief facts are that a festival is held known as Chaman Rishi in District Kaithal. Karamvir Singh is a blind person and resident of village Dadwana, Tehsil Pundri, District Kaithal not far from the festivities.

(3.) He makes his living by mimicking the sound of a siren/horn of police vehicles by blowing from his mouth. While he was performing his act, he complained to SSP, Kaithal on 14.9.2010 that someone spat on his mouth. Being blind, his associate present on the spot told him that the man who is attributed the offensive act was a police official wearing three stars on his shoulder. The written complaint is placed on record as Annexure P-1. The man who had inflicted that offensive act on a blind person was identified as Dilbagh Singh, the present petitioner. He was charged sheeted by the DSP, Gula on 31.5.2011. The charge sheet was duly approved by the Superintendent of Police, Kaithal before communication was issued under his seal. It is recorded in the charge sheet that when petitioner Dilbagh Singh, asked the complainant to mimic the sound of the police siren/horn, he was spitted on the complainant. Inspector Ram Kumar, SHO, Police Station, Dhand was also present there and for this condemnable act which showed indiscipline, he was liable for punishment under the Police Regulations.