SARABJIT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The prayer in the present writ petition is for issuance of a writ in the nature of certiorari for quashing of impugned order dated 30.01.2008 (Annexure P-1), whereby the petitioner has been held guilty of departmental misconduct and punished with stoppage of three future increments with cumulative effect and also order dated 15.04.2011 (Annexure P-3), whereby, the appeal filed by the petitioner has been dismissed.

(2.) Briefly, the facts of the case as made out in the present writ petition are that the petitioner was appointed as Constable in Punjab Police in the year 1992. He was deputed in the Intelligence Department at Pathankot in the year 2000. FIR No.40 dated 09.12.2006 was registered against him and other two colleagues under Sections 7 and 12 of the Prevention of Corruption Act, 1988 at Police Station Sujanpur, District Gurdaspur wherein certain allegations of accepting bribe were alleged against them. On the same allegations, departmental proceedings were initiated against the petitioner. A show cause notice was issued to him, to which, the petitioner furnished reply stating that the matter was sub-judice before the Criminal Court and the departmental proceedings be kept pending. Order of imposition of punishment of stoppage of three future annual increments with cumulative effect was passed on 30.01.2008.

(3.) Aggrieved by said order, the petitioner filed departmental appeal and he was acquitted of the charges in the criminal case vide judgment of the trial Court dated 19.07.2010. The appeal filed by him was dismissed on 15.04.2011 stating that the petitioner had chosen to lead his defence before the trial Court. A mercy petition was also filed by him but it was also dismissed whereas his co-accused was let off.