ASI BASAU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking setting aside of orders whereby he was awarded punishment of forfeiture of 2 increments with permanent effect and his representation against adverse remarks in the Annual Confidential Report ('ACR') was rejected.

(2.) The petitioner joined Haryana Police as Constable on 9/4/1984. He rose through the ranks and was promoted as Assistant Sub-Inspector. The respondent initiated departmental inquiry against him alleging that he along with his co-worker accepted illegal gratification to the tune of Rs.65,000.00 and let-off a truck containing illicit liquor. The Inquiry Officer found him guilty of alleged misconduct and Disciplinary Authority vide order dtd. 20/11/2006 awarded him punishment of forfeiture of 2 increments with permanent effect. He preferred appeal and Appellate Authority vide order dtd. 13/4/2007 dismissed the same. The competent authority recorded his ACR for the period from 24/7/2005 to 31/3/2006. The Reporting Authority assessed him as unreliable officer and not having a good reputation qua honesty. The remarks of the Reporting Officer were communicated to him on 18/7/2006. He preferred representation against adverse remarks before Higher Authority. His representation came to be dismissed vide communication dtd. 14/6/2007. The representation was dismissed after considering comments of the Reporting Authority.

(3.) Learned counsel for the petitioner submits that petitioner was wrongly implicated. He had not committed alleged offence. The Inquiry Officer did not appreciate evidence in true spirit and held him guilty. The Appellate Authority has passed impugned order mechanically and without application of mind. The petitioner has passed away, thus, he does not press his remaining prayers.