SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRAYER in the present is for quashing the enquiry report (Annexure P -2) holding the petitioner guilty of charges and the order dated 17.5.2010 (Annexure P -4), vide which punishment of stoppage of three annual increments with permanent effect was awarded to the petitioner and to quash the order dated 21.7.2010 (Annexure P -7), whereby the appeal filed by him has been partly allowed and the punishment was reduced to stoppage of one increment with permanent effect; and the order dated 16.3.2011 (Annexure P -9), vide which his revision was rejected as time barred.

(2.) LEARNED counsel for the petitioner submitted that the petitioner was appointed as Constable and further promoted to the post of Head Constable and E/Assistant Sub Inspector. He further submitted that on 20.10.2009, the petitioner received a medical 'Rukka' from General Hospital, Karnal to record the statement of one Gaurav Kumar, but the doctor stated that he is not in a position to give his statement. On 21.10.2009, he recorded the statement of Gaurav Kumar, after getting the opinion of the doctor. The petitioner could not record FIR upto 3.11.2009. The FIR No. 764 was recorded on 4.11.2009. For this indiscipline and negligence act, charge -sheet was served upon the petitioner and a regular enquiry was conducted against the petitioner. The enquiry officer held him guilty. On 22.4.2010, show cause notice was issued to the petitioner. Thereafter, the petitioner submitted a detailed reply to the notice. On 17.5.2010, respondent no. 4 passed the impugned order awarding punishment of stoppage of three annual increments with permanent effect.

(3.) LEARNED counsel for the petitioner further submitted that the petitioner filed an appeal before the competent authority. The same was partly allowed 21.7.2010 and the punishment was reduced to stoppage of one annual increment with permanent effect. Thereafter, the petitioner filed a revision before the Director General of Police, Haryana, but no order was received. As per information dated 26.8.2013 received by him under RTI Act, the revision filed by him was rejected vide order dated 16.3.2011 as time barred. Now the petitioner filed the present writ petition impugning the aforesaid orders before this court.