RAJ PAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This appeal has been filed against the judgment of the Lower appellate Court reversing that of the trial Court and thereby dismissing the suit filed by the appellant.

(2.) The appellant was working as a Constable when a charge sheet was issued to him (after 12 years of service) that he had demanded illegal gratification and thereafter an order of dismissal was passed. In appeal the appellate authority reduced the punishment to stoppage of 5 increments with cumulative effect. The Punishing authority did not challenge the order of the appellate authority while the appellant filed a revision before Director General of Police. The Director General of Police issued fresh show cause notice to him proposing enhancement of punishment to dismissal-as was originally imposed and ultimately dismissed him from service. In the suit filed by the appellant the Civil Court did not find fault with the enquiry but held that the authority had misdirected itself while imposing the punishment of dismissal and went on to hold all the orders to be vitiated and quashed them. The appellate Court held that the enquiry proceedings were correct and as per law and further went on to hold that the order of the punishing authority and that of the reviewing authority were correct and consequently allowed the appeal and that is how the appellant is before this Court.

(3.) Learned counsel for the appellant has argued that the Civil Court had correctly noticed that in the enquiry only the complainant had appeared to give evidence; the only independent witness had exculpated the appellant and the fact that the appellant had 12 years of service while the lower Appellate Court failed to notice these facts.