JITENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS have approached this Court praying for quashing the findings recorded by the Enquiry Officer in his report dated 17.03.2010 (Annexure P -2), order dated 27.04.2010 (Annexure P -3), vide which punishment of stoppage of five annual increments with permanent effect was awarded by the Deputy Commissioner of Police, Headquarters, Gurgaon, order dated 19.10.2010 (Annexure P -5), vide which the appeal preferred by the petitioners was partly accepted and the order of punishment was modified to the extent that the punishment was reduced to stoppage of two annual increments with permanent effect and order dated 09.05.2011 (Annexure P -7) passed by the Director General of Police, Haryana -respondent No. 2 rejecting the revision petition of the petitioners.

(2.) IT is the contention of the counsel for the petitioners that the findings recorded by the Enquiry Officer in a regular enquiry held against the petitioners are based on no evidence. In support of this contention, he contends that the witnesses, who had appeared before the Enquiry Officer, have stated that they had initially, during the preliminary enquiry, signed said statements under coercion and pressure exerted by the SHO, namely, SI Mohan Lal. He contends that none of the prosecution witnesses, except PW -3 SI Mohan Singh, has supported the case of the prosecution and, therefore, the findings recorded by the Enquiry Officer are based on no evidence and, therefore, the enquiry report cannot sustain and consequently the orders vide which the punishment has been imposed upon the petitioners also deserve to be set -aside. In support of this contention, counsel for the petitioners has placed reliance upon the judgment of the Hon'ble Supreme Court in Roop Singh Negi Versus Punjab National Bank & Ors., : 2009(2) SCC 570 and Mohd. Yunus Khan Versus State of U.P. and others, : 2010(10) SCC 539.

(3.) ON the basis of the above submissions, counsel for the petitioners states that the enquiry report and the consequential punishment orders deserve to be set -aside.