VIJAY PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226 and 227 of the Constitution of India is seeking setting aside of orders passed by departmental authorities whereby he has been awarded punishment of forfeiture of five increments with permanent effect.

(2.) The petitioner joined Haryana Police Force on 1/11/1984 as Constable. He was promoted as Head Constable (HC) on 31/1/1999. In 2002, the respondent initiated departmental inquiry against him alleging that his Matriculation Certificate cannot be considered as valid. The Inquiry Officer found him guilty vide report dtd. 30/4/2002.

(3.) The Disciplinary Authority vide order dtd. 20/8/2003 awarded him punishment of forfeiture of five increments with permanent effect. He preferred an appeal which came to be dismissed by Appellate Authority vide order dtd. 22/3/2004. The matter of petitioner with respect to legalization of selection was presented before Director General of Police (DGP) who vide order dtd. 16/2/2004 opined that petitioner being outstanding sports person was eligible for appointment despite Matriculation Certificate from an unapproved organization. He granted ex post facto relaxation in the qualification of petitioner.