SATYAPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner who is serving as a Deputy Superintendent of Police under the Department of Home, State of Haryana, has filed the instant writ petition assailing the action of the respondent-Department in having conducted departmental proceedings against him and which have culminated in the imposition of a major punishment of stoppage of two future annual increments with permanent effect.

(2.) Brief facts are that the petitioner was appointed as probationer Assistant Sub Inspector on 1.3.1994 and thereafter earned promotions to the rank of Sub Inspector in the year 2000 and as Inspector on 22.5.2007. He remained posted as Inspector/SHO of Police Station City Narnaul from 16.10.2008 to 28.12.2009. A complaint regarding theft from the shop of Parveen son of Om Parkash situated on Narnaul-Rewari road, that is stated to have occurred on the intervening night of 23/24.12.2008, was received at Police Post, Mahavir Chowk, Narnaul which fell under the jurisdiction of Police Station City Narnaul. Apparently, cognizance of such complaint was not taken and FIR was not registered. The complainant approached the National Commission and only after receipt of notice dated 5.5.2009, FIR No.146 dated 26.5.2009, under Sections 457/380 of the Indian Penal Code, Police Station City Narnaul was registered. Against such backdrop, a regular departmental enquiry for dereliction in duty was initiated against the petitioner being the Inspector/SHO of the Police Station concerned at the relevant point of time as also against his subordinates, namely, woman/Sub Inspector Rajkala, Sub Inspector Ved Parkash and Assistant Sub Inspector Anand Parkash.

(3.) The Enquiry Officer i.e. Deputy Superintendent of Police, Narnaul returned the enquiry findings holding the present petitioner to be guilty and exonerating the other officials aforenoticed. Based on the enquiry findings, the Superintendent of Police, Mewat at Nuh issued show cause notice dated 15.4.2011, Annexure P2, to the petitioner wherein a punishment of stoppage of three annual increments with permanent effect was contemplated. Petitioner furnished his reply to the show cause notice on 6.6.2011. Vide order dated 5.7.2011 passed by the Superintendent of Police, Annexure P4, a punishment of stoppage of three future annual increments with permanent effect was imposed upon the petitioner. Insofar as the other subordinate police officials and who were exonerated by the Enquiry Officer, the Superintendent of Police by dis-agreeing with the findings also issued orders of punishment i.e. punishment of stoppage of four future annual increments with permanent effect on woman/Sub Inspector Rajkala and Assistant Sub Inspector Anand Parkash and punishment of deduction of 5% from the pension on Sub Inspector Ved Parkash.