RAJINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed to quash the show-cause notice Annexure P3 issued by the Superintendent of Police, Jind, on 23.8.1985 to the petitioner proposing his dismissal from service and withholding the amount of salary except the subsistence allowance already paid.

(2.) In the year 1979, the petitioner was working as constable at Police Station Chhappar in District Ambala. In regard to an allegation of interpolation of the police record, he was placed under suspension and an enquiry was initiated against him. The petitioner was served with a charge sheet together with summary of allegations and as he denied the allegations, a regular enquiry was ordered against him. The enquiry officer submitted a report with a finding that the petitioner was guilty of the allegations levelled against him. This was followed by a show cause notice dated 28.2.1980 issued by the Senior Superintendent of Police, Ambala because at the relevant time, the petitioner was posted in District Ambala. In this notice, there was a proposal to stop three future increments with permanent effect. Thereafter the petitioner was transferred to Karnal and finally to Jind. The Superintendent of Police, Karnal as well as the Superintendent of Police, Jind issued noticed dated 23.3.1985 and 23.8.1985 and called upon the petitioner to show cause as to why he be not dismissed from service.

(3.) The petitioner has challenged the show ase notice issued to him by the Superintendent of Police, Jind on the ground that the enquiry held against him is vitiated due to violation of principles of natural justice. He has also pleaded that after issue of show cause notice dated 28.2.1980 no power was vested with the Superintendent of Police, Jind to revise the proposed penalty. Another ground of challenge to the impugned notice is alleged mala fide of respondent No. 3.