KASAM KHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of :-

(2.) The petitioner joined Haryana Police as Constable on 2/12/1998. In December' 2013, he was posted as Munshi in Police Post, Gadpuri, District Palwal. He came to know that 60 bullet cartridges of 9 mm and 10 cartridges of 303 are missing. He recorded DDE No.7 dtd. 5/12/2013. The CIA Staff conducted investigation and found that Constable Mahesh Kumar was guilty for missing of aforesaid arms and ammunition. Mahesh Kumar confessed his guilt. He admitted that he had stolen aforesaid ammunition. A joint departmental inquiry was conducted and petitioner was found innocent. The SP accepted inquiry report and closed the matter against petitioner. The IGP, Rewari disagreed with the order of SP and issued show cause notice calling upon the petitioner to show cause as to why punishment of dismissal from service should not be imposed. The petitioner filed reply and IGP inflicted punishment of stoppage of two future increments with permanent effect. The petitioner filed appeal before DGP who dismissed his appeal holding that petitioner as MHC has shown negligence towards his duty by not keeping key of rack of arms and ammunition fully secured.

(3.) Learned State counsel submits that petitioner was guilty of negligence in discharging his official duties, thus, Reviewing Authority rightly reviewed order of Disciplinary Authority and inflicted punishment of forfeiture of two annual increments with permanent effect.