EX. ASI DHARAMBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed questioning the order Annexure P-4 passed by the punishing authority reducing the petitioner in rank and the order passed by the appellate authority Annexure P-6 dismissing him from service.

(2.) During the course of arguments, counsel appearing for the petitioner confined his challenge to the order Annexure P-6. The only point which survives for consideration is whether the appellate authority can enhance the punishment awarded to an employee by the punishing authority without giving an opportunity, to show cause or to explain as to why the punishment be not enhanced.

(3.) Petitioner who was serving in the Haryana Police and was posted as Assistant Sub Inspector at Police Station City Kaithal in June 1992, was charge-sheeted on the ground that he tried to save Shri Ram Phal Inspector the then SHO City Kaithal by filing a false affidavit which amounted to gross indiscipline and carelessness lowering the image of the Police Department. Allegation against Ram Phal Inspector was that he had kept in illegal custody one Shri Chaman Lal and his two sons Vinod Kumar and Rajesh Kumar from 22.6.1992 to 23.6.1992 and petitioner challaned Shri Chaman Lal and his two sons under sections 107/151 Cr.P.C. On a complaint filed by Shri Chaman Lal, Government appointed Shri O.P. Gupta, District and Sessions Judge, Kurukshetra as Chairman of the Inquiry Commission. Before the Inquiry Commission petitioner had tried to save Ram Phal Inspector the then SHO Police Station City Kaithal by filing an affidavit which was found to be false. A departmental enquiry was initiated and Mr. Amir Singh, Deputy Superintendent of Police, Headquarters was appointed as Inquiry Officer. Petitioner was exonerated of the charge by the Inquiry Officer vide its order dated 22.2.1994 Annexure P.1.