SATISH KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has been working on the post of Sub Inspector and has challenged show cause notice dated 18.8.2006 (P- 2) and order dated 30.10.2006 (P-7) whereby the Director General of Police, Haryana, respondent No. 2 has reviewed the earlier order passed by his predecessor dated 21.12.2004 (P-1). Quashing of Memo. No. 8/114/2005-6HG-II, dated 13.7.2006 has also been sought whereby decision to review the order was stated to be taken by respondent No. 1. A further prayer has been made to direct the respondents not to give effect to the impugned order dated 30.10.2006 (P-7).

(2.) Brief facts of the case are that the petitioner was enrolled as an Assistant Sub Inspector in the Haryana Police force on 12.4.1982. He was confirmed as such w.e.f. 12.4.1985 and promoted as Sub Inspector on 2.11.2001. While the petitioner was posted at Police Lines, Sonipat, he proceeded on 15 days earned leave on 29.8.1991 and he was supposed to resume his duty on 15.9.1991. But he did not turn up. For this misconduct, a regular departmental inquiry was conducted against him in which he was found guilty of the charges levelled against him. The punishing authority i.e. Superintendent of Police, Sonepat, vide order dated 3.3.1992, inflicted the punishment of dismissal from service upon the petitioner. He preferred statutory appeal against his dismissal, which was partly accepted by the Appellate Authority on 21.5.1996 and the punishment of dismissal was reduced to that of stoppage of three increments with permanent effect. The petitioner further preferred a revision petition, which was considered and rejected by the Director General of Police, Haryana, vide order dated 6.12.1996. Thereafter, the petitioner preferred a mercy petition stating therein some new facts, inter alia, material irregularities in the holding of ex parte enquiry and cause of his absence due to the death of his father. The Director General of Police, Haryana, vide order dated 21.12.2004, partly accepted the above mentioned mercy petition and punishment of stoppage of three increments with permanent effect was reduced to that of stoppage of one increment with permanent effect (P-1).

(3.) Subsequently, a show cause notice dated 18.8.2006 was served upon the petitioner by the Director General of Police, Haryana, mentioning therein that there is no provision under the rules for entertaining another mercy petition by the DGP once the revision petition is considered and rejected by the earlier DGP, who was equal in status and authority. It has also been mentioned that the State Government vide its Memo. No. 8/114/2005-6HG-1, dated 13.7.206, has accorded approval to withdraw the undue benefits given to the petitioner by Shri M.S. Malik, IPS, the then DGP. It was, thus, proposed that the order dated 21.5.1996 passed by the Appellate Authority reducing the punishment of dismissal from service to that of stoppage of three increments with permanent effect be upheld (P- 2). The petitioner vide his representation dated 8.9.2006, made a request for supply of some documents for submission of reply to the show cause notice (P-3). Thereafter, he filed an interim reply dated 23.9.2006 (P-4). Vide TPM dated 19.10.2006, the petitioner was asked to intimate which documents he required for filing complete reply (P-5).