E/ASI RAM KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of:

(2.) The petitioner joined Police Force as Constable on 23/4/1973. He moved up in the ranks and was promoted as Assistant Sub-Inspector. He came to be arrested in FIR No. 953 dtd. 14/12/2005 under Ss. 323, 452 & 506 of Indian Penal Code, 1860 and Ss. 61/1/14 of Excise Act registered at Police Station City Gurgaon which was lodged against him for trespassing his neighbour's property and abusing him under the influence of liquor. The respondent initiated departmental inquiry against him on basis the aforesaid FIR. The Inquiry Officer found him guilty of alleged misconduct and Disciplinary Authority vide order dtd. 17/5/2007 awarded him punishment of stoppage of two future increments with permanent effect. He unsuccessfully preferred appeal as well as revision before the authorities.

(3.) Learned counsel for the petitioner submits that the Inquiry Officer did not appreciate evidence in true spirit and held him guilty. The Disciplinary Authority straightway issued show cause notice proposing punishment. It was in gross violation of principles of natural justice. He was finally awarded punishment of stoppage of two increments with permanent effect. There was no evidence against him still was subjected to aforesaid punishment. The higher authorities have passed impugned orders without application of mind. Inquiry was initiated only on the basis of FIR lodged against him. He vide judgment dtd. 10/11/2009 has been acquitted by learned Chief Judicial Magistrate, Gurugaon in aforesaid FIR.