EX-CONSTABLE RAM LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner was enrolled as Constable on 16.7.1975 in the Haryana Police and he continued to serve as such upto 23.3.1993 when he was dismissed from service with immediate effect. Petitioner is aggrieved of the order of dismissal nd also order dated 18/26.6.1993 passed in appeal and order dated 10.6.1994 passed in revision affirming the order of dismissal. Petitioner's grievance is that he order against him has been passed though on allegations of misconduct yet he has been dismissed from service because he happens to be President of Haryana police San- gathan, Hisar Range, Hisar.

(2.) It has been averred in the petition that pursuant to report given by the Dharamvir Commission which was set up by the Government of India recommending and approving the formation of Police associations in various States, the Haryana Police Association (Sangathan) was formed in the year 1979 whose members included Constables, Head Constables, Assistant Sub Inspectors, Sub Inspectors and Inspectors. The Association had been struggling to ameliorate and uplift the lot of policemen in Haryana. One of the demands of the Association was that excessive political interference in the police in Haryana should be cut off and this demand was highlighted during the Lok Sabha elections in Haryana in the years 1980/1982 and 1990 when in certain constituencies the police force was demanding that recruitment of Constables and other members of the force should be by some neutral independent agencies as even in the recruitment of police personnel, there was too much political interference and the persons are being recruited in disregard of the rules and not on merits but for extraneous considerations. Besides this, the Association was demanding better pay scales, cycle allowance for Constables/Head Constables and also uniform and regular timely allowance for washing of uniforms etc. It has been averred that the demands raised by the Association had irked the superiors who did not want the Constables/Head Constables in the police to assert their rights, but rather wanted them to continue to work as per their dictates. It has further been averred that from 1979 onwards the politicians in power in the State of Haryana have always been trying to suppress and curb the Haryana Police San- gathan and have also seen to it that the Haryana Police Sangathan is not recognised. The petitioner as President of the Haryana Police Sangathan for Hisar Range has throughout been exposing the corrupt and illegal activities of the politicians in power, specially in the area with regard to booth capturing etc., during the elections which is always done with the help of police force giving the police force a bad name in the public. In 1980 itself when Ch. Bhajan Lai (respondent No.6) was the Chief Minister of Haryana, the Haryana Police Sangathan opposed the malpractices during the election specially booth capturing. Dilawar Singh as President of the Sangathan sent a telegram to the Chief Election Commissioner of India pointing out that under pressure from the political regime in Haryana, the constables would be forced to indulge in booth-capturing and other illegal activities and thus, the malpractices should be stopped. The Chief Election Commissioner sent a team to the Constituency, where Shiri H.N. Bahuguna was to contest the election, which gave its report that the constables/head constables were indulging in malpractices and on that report by-election was cancelled. This infuriated the then Chief Minister Ch. Bhajan Lal. The matter regarding Kalka by- election in which Shri Chander Mohan, son of Ch. Bhajan Lai was contesting, higher officials became more inimical. On coming to know that many of the police officials will be misused in the Kalka by-election for the purpose of booth capturing and other illegal activities in order to get majority in favour of the Chief Minister, the Sangathan gave a press note in the newspaper on 1.7.1993. Due to this reason, the situation became more deteriorated and all the respondents became more inimical as Shri Chander Mohan was contesting the election. It has been alleged that on the instructions of Chief Minister, booth capturing was done on high scale and on this the activists of the Sangathan protested.

(3.) It is averred that the petitioner who is President of the Haryana Police Sangathan for Hisar Range was also not spared and he was served with summary of allegations dated 14.1.1993 alleging that while he was posted at Bahman Wala Nakka, Police Station Ratia, Head Constable Mohinder Singh (dismissed) and Constable Umed Singh came to him and the petitioner instigated the members of the police force to boycott the mess meals and take part in the rally organised by the Sangathan at Rohtak and that he did take part in the rally and further collected funds for unrecognised police Sangathan. Thereafter he was issued charge sheet dated 19.1.1993. The petitioner submitted reply controverting the allegations levelled against him. It is the allegation of the petitioner that as the petitioner is an active President of Sangathan for Hisar Range, the respondents who were predetermined and had already decided to punish him, did not consider the reply submitted by him and ultimately, an enquiry was ordered to be held against the petitioner. On conclusion of the enquiry, the Enquiry Officer submitted his enquiry report dated 16.2.1994 and on the basis of the enquiry report, the petitioner was dismissed from service.vide order dated 23.3.1993. Appeal against this order was dismissed by the Director General of Police, Hisar Range, Hisar on 18,6.1993, and revision-cum-mercy petition preferred against the order in appeal met the same fate.