MUKESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of orders passed by Departmental Authorities whereby he was awarded punishment of forfeiture of four increments with permanent effect.

(2.) The petitioner was enrolled as Constable on 20/6/1974. He was promoted as Assistant Sub Inspector (ASI) w.e.f. 3/12/1996. He was implicated in FIR No.120 dtd. 15/7/2003 registered under Ss. 452, 448, 511, 427, 147 and 148 of IPC at Police Station Rajaund. He was suspended w.e.f. 21/10/2003. He was subjected to departmental inquiry wherein he was found guilty. He was awarded punishment of forfeiture of four increments with permanent effect. He preferred appeal which came to be dismissed. The allegation in the FIR was that he in uniform visited a village without authorization and intervened in a family property dispute between Smt. Pushpa Devi and Sh. Prem Nath. He was carrying his service revolver. The Investigating Officer filed police report and petitioner faced trial. He came to be acquitted by trial Court as prosecution failed to prove its case beyond doubt.

(3.) Learned counsel representing the petitioner submits that petitioner was subjected to punishment of forfeiture of four increments on the same set of allegations which formed basis of criminal proceedings. The petitioner stands acquitted by trial Court, thus, as per Rule 16.3 of Punjab Police Rules, 1934 (as applicable to State of Haryana) (in short 'PPR') was entitled to waiver from punishment. The Authorities had not considered order of trial Court.