BAHADUR SINGH Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) THE petitioners (i.e. petitioner No.1 Head Constable and petitioner No.2 Constable) working with the Police Department, Chandigarh, were on duty on 04.06.2003 at Sector 26, Transport Light Point, Chandigarh. One Shri Chaman Lal Gupta, resident of Dera Bassi, alongwith his son Pardeep Gupta was going to P.G.I. via the said point on his Motor Cycle at 10.15 A.M. when he was stopped by the traffic police for the offence of crossing the stop line. The petitioners are alleged to have accepted a bribe of Rs. 100/ - from the complainants for letting the vehicle go without any challan and also alleged to have used un -parliamentary language. The complaint was verified through Inspector I.S.Mann and the complainants identified the petitioners on the very next day in a parade held. As per the Duty Roster, it was these officials who were at the duty spot.

(2.) THE aforesaid incident resulted in departmental enquiry where evidence was led and opportunity given to cross -examine the witnesses. The Enquiry Officer in terms of the enquiry report dated against them. The Disciplinary Authority issued a notice to them as to why punishment of stoppage of two annual increments with permanent effect be not imposed upon them. The petitioners submitted a reply. The Disciplinary Authority took a lenient view in the matter and awarded punishment by reducing it to stoppage of one annual increment with permanent effect in terms of the order dated 08.06.2004.

(3.) THE petitioners thereafter filed Original Application No. 966 -CH -2005 before the Central Administrative Tribunal, Chandigarh Bench, Chandigarh which was dismissed on 10.07.2007. It is this order which is assailed before us in the present writ petition filed under Article 226 of the Constitution of India.