JAAN MOHAMMED Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of impugned order dated 01.06.2011 (Annexure P -3), whereby, punishment of stoppage of two annual increments has been imposed upon the petitioner and order dated 25.08.2011 (Annexure P -4), whereby, the appeal filed by the petitioner has also been dismissed by passing a non -speaking order.

(2.) THE petitioner was enrolled as Constable in Haryana Police on 15.10.1979 and was posted at Gurgaon. He appeared in test of Lower Course in the year 1999 and thereafter, was promoted as Head Constable in the year 2002. He was further promoted as ASI in the year 2008. He was charge sheeted in the year 2009 because of the allegations that he did not take any action against accused, namely, Rohtash under Section 154 Cr.P.C. eventhough he hit a girl while driving his car in a rash and negligent manner on the wrong side and concealed the offence by taking no action thereupon. Even the reports in the Roznamcha were tempered with or changed. The petitioner submitted reply to the charge -sheet and inquiry was handed over to Additional Deputy Superintendent of Police, Palwal. In the initial inquiry report, the petitioner was found innocent but as per report dated 09.03.2009, he was found guilty and was awarded punishment of stoppage of two annual increments temporarily vide order dated 01.06.2011.

(3.) AGGRIEVED by the said order, the petitioner preferred an appeal before Inspector General of Police, South Range Rewari and the same was dismissed vide order dated 25.08.2011.