DEVINDER KUMAR Vs. STATE OF HARYANA AND ANOTHERS

JUDGEMENT

(1.) The petitioner has been working on the post of Inspector and has challenged order dated 21.10.2006 (P-19) passed by the Director General of Police, Haryana, respondent No. 2. He has reviewed the earlier order passed by his predecessor dated 31.7.2003 (P-13) vide which the Director General of Police had set aside the punishment of stoppage of two increments with permanent effect. The order dated 21.1.1999 (16.1.1999?) (P-8) passed by the Appellate Authority, vide which the punishment of dismissal from service was reduced to that of stoppage of two increments with permanent effect, has been restored.

(2.) Brief facts of the case are that the petitioner was enrolled as an Assistant Sub Inspector in the Haryana Police force on 5.8.1985. He was promoted as Sub Inspector and Inspector on 2.12.1992 and 13.12.2000 respectively. He was charge sheeted to which he submitted his reply. The Enquiry Officer was appointed to enquire into the allegations that on 18.10.1995 when he was posted as Incharge Police Post, Fatehabad City, one Dharampal @ Pappu s/o Jammu Ran ode Rajput community, was arrested after falsely implicating him in case No. 626, dated 18.10.1995, under Sections 292/294 IPC, Police Station Fatehabad. In the Jamma-talashi of Dharampal one porn book and Rs. 1,500/- were recovered whereas the petitioner has only shown the recovery of Rs. 150/- and the porn book. Ultimately, Dharampal @ Pappu was acquitted after making confession. Thereafter, Arjun Singh and Munshi Ram, who had got Dharampal @ Pappu arrested through the petitioner, murdered him on 14.11.1995 at Jamalpur Sekha railway line and a case bearing No. 209, dated 14.11.1995, under Sections 302/201/120B/34 IPC was registered at Police Station GRP Hissar. During the investigation of that case when ASI Mehtab Singh of GRP Jakhal gone through the decision of Case No. 626/95 of Police Station Fatehabad, it was found that the petitioner had not shown the actual amount of Rs. 1,500/- and only Rs. 150/- were shown to be recovered in the Jamma-talashi along with a porn book. Later on, the accused Arjun Singh and Munshi Ram also admitted that they had falsely implicated and had got Dharampal @ Pappu arrested after paying bribe of Rs. 2,000/- to the petitioner. The Enquiry Officer returned the guilt against the petitioner and thereafter while agreeing with the findings of the Enquiry Officer, a show cause notice, dated 23.1.1998 (P-2) was issued to him by the Superintendent of Police, Hisar, to the effect as to why he should not be reverted to the substantive rank of ASI. He submitted his reply on 9.2.1998 (P-3). Subsequently, on transfer of the petitioner to Bhiwani District another show cause notice dated 5.5.1998 was issued by the Superintendent of Police, Bhiwani, proposing as to why the penalty of dismissal from the force be not imposed upon him (P-4). The petitioner also submitted a detailed reply dated 27.5.1998 (P-5). After hearing the petitioner, the Superintendent of Police, Bhiwani, passed a detailed order dated 18.9.1998 inflicting punishment of dismissal from service upon the petitioner with immediate effect (P-6).

(3.) Against the afore-mentioned order of dismissal the petitioner preferred an appeal before the Deputy Inspector General of Police, Hisar Range, Hisar (P- 7), who modified the order of the punishing authority, vide order dated 16.1.1999 (P-8) and a punishment of stoppage of two annual grade increments in future with permanent effect was imposed upon him. The revision-cum-mercy petition, dated 20.2.1999 (P-9) filed by the petitioner was rejected by the Director General of Police, Haryana, vide order dated 26.1.2000 (P-10). However, in exercise of powers vested in it by virtue of Rule 16.28 of the Punjab Police Rules, 1932 (as applicable to Haryana), the Director General of Police, Haryana, issued a show cause notice dated 28.7.2000, to the petitioner proposing that the punishment of stoppage of two future annual increments with permanent effect is not proportionate to the misconduct and the same is liable to be enhanced to that of dismissal from service (P-11). Challenging the aforementioned show cause notice, the petitioner filed C.W.P. No. 10959 of 2000, which was dismissed by a Division Bench of this Court vide order dated 16.11.2000 (P-12). It is claimed that after dismissal of the writ petition, the petitioner filed detailed reply to the show cause notice and requested that the punishment order already awarded is also not justified. The Director General of Police, Haryana, vide order dated 31.7.2003, while considering the mercy petition submitted by the petitioner, set aside the punishment of stoppage of two increments with permanent effect (P-13).