MAHABIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present petition is for issuance of writ in the nature of certiorari quashing order dated 08.06.2010 (P-3) passed by S.P. Karnal whereby petitioner was awarded punishment of stoppage of five future annual increment with permanent effect and further prayer is to set aside orders dated 17.09.2010 (P-5) and 09.01.2012 (P-7) whereby appeal and revision filed against the above said order, has been rejected.

(2.) Petitioner was appointed as Constable on 11.11.1974 in Haryana Police and confirmed in the year 1997. Subsequently he passed B-1 Test in the year 1982 and was thus promoted as Head Constable in the year 1988.

(3.) He was promoted to the post of ASI in the year 1997 and further as SI in the year 2000. Subsequently, petitioner retired from service on attaining the age of superannuation on 31.12.2011. In the year 2009, petitioner was issued a charge sheet dated 18.12.2009 with the allegations that while posted as HO at P.S., Taraori, F.I.R No. 287 dated 18.11.2009 was registered under Sections 148/149/323/324/506 Penal Code on the statement of one Narinder Kumar and during the investigation, statement of Ishwar Singh of the cross case was conducted on 24.11.2009 and the case was investigated by A.S.I Dharampal, P.S. Taraori and the verification investigation was made by Addl.S.P. Karnal on 26.11.2009. But the petitioner being SHO had not made any verification of the concerned person and case diary was also not recorded. Whereas as per instruction issued by DGP/Law and letter dated 29.07.2009 and S.P Karnal letter dated 04.08.2009, cross case in heard matter required to be verified by the District S.P himself. Petitioner was found guilty of ignoring instructions of Senior Officers.