INSPECTOR SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 16/8/2023 (Annexure P-6) whereby DIG, Faridkot Range, Faridkot (Punjab) has ordered to conduct De-novo departmental enquiry.

(2.) The petitioner joined Punjab Police on 4/2/1990 as Assistant Sub-Inspector. He was promoted to the post of Sub-Inspector on 12/10/2001. He got further promotion of Inspector w.e.f 1/1/2010. The service of the petitioner was recognized by 20 Commendation Certificates as well as cash award. The petitioner on attaining the age of superannuation retired on 5/12/2019. The petitioner in November' 2017 joined as SHO, Police Station City South Moga. An FIR No.181 dtd. 10/9/2017 under Ss. 22 and 29 of NDPS Act, 1985 was registered at Police Station City South, Moga. Accused in the aforesaid FIR came to be released on regular bail on account of non filing of challan within prescribed period. SSP, Moga on account of non filing of challan which resulted into release of accused in terms of Sec. 167 (2) of Cr.P.C, initiated departmental enquiry against the petitioner. A complete procedure of departmental enquiry was followed and petitioner was exonerated vide order dtd. 26/9/2018 (Annexure P-5) passed by SSP, Moga. The respondent by impugned order dtd. 16/8/2023 has ordered to conduct De-novo departmental enquiry. The said order has been passed in exercise of power conferred by Sec. 16.28 of Punjab Police Rules, 1934 (for short '1934 Rules').

(3.) Mr. K.S. Sidhu, Advocate, learned counsel for the petitioner submits that respondent has no authority to conduct De-novo departmental enquiry because Rule 16.28 does not permit re-enquiry. The petitioner was exonerated vide order dtd. 26/9/2018 and impugned order has been passed on 16/8/2023. The petitioner retired on 5/12/2019, thus, impugned order has been passed almost after 5 years from the date of order exonerating the petitioner and 4 years from the date of retirement of the petitioner. As per Rule 2.2 of Punjab Civil Service Rules, departmental proceedings cannot be initiated after 4 years from the date of alleged incident, if an employee has already retired.