EX Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner has prayed for issuing a writ in the nature of certiorari for quashing orders (Annexures P-7, P-8 and P-12).

(2.) Petitioner has averred that he joined the respondents-department on September 3, 1965. He had completed his pensionable qualifying service on November 27, 1992. Respondent No. 2, i.e., Director General of Police, Haryana, Chandigarh, passed the impugned order (Annexure P-12) on a very minor allegation, which was not proved. Petitioner has earned more than 25 Commendation Certificates/Awards/Prizes on various occasions during the course of his service.

(3.) Petitioner was dismissed from service on the ground that while posted at Police Post No. 37, Sector 37, Faridabad on May 22, 1988, when he was asked to write down a message by the Incharge of Police Post to undertake punishment drill in the Police Lines on May 23, 1988, petitioner had a quarrel with the Incharge Shri Keshav Dev. Departure report was written. Petitioner refused to sign it. It was further alleged by the Incharge of the Police Post that the petitioner abused him, mishandled him, misbehaved him and gave beatings to Assistant Sub-Inspector Keshav Dev. On May 15, 1988, the petitioner had, previously, used filthy language when he was asked to join the general parade. This complaint was recorded by Assistant Sub-Inspector Keshav Dev in the Daily Diary Report on May 22, 1988 (Annexure P-1). Respondent No. 3, Deputy Inspector General of Police, initiated departmental enquiry proceedings against the petitioner under Rule 16.38 of the Punjab Police Rules. Sanction of the District Magistrate was not taken. On the basis of the complaint of Assistant Sub-Inspector Keshav Dev (Annexure P-1), the Deputy Superintendent of Police issued a charge-sheet dated May 28, 1988 (Annexure P-2). Charge- sheet was endorsed by the Superintendent of Police on June 9, 1988 (Annexure P-3).