SHAMSHER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner, a Sub Inspector of Police, has prayed for quashing of notice dated 23.10.2007 (Annexure P-15), whereby the appointing authority-Superintendent of Police, Ambala has issued a notice for retirement (compulsory) under the relevant rules and has further prayed for quashing of the letter dated 20.8.2007 (Annexure P-12) vide which representation of the petitioner against the adverse remarks of integrity doubtful for the period from 25.4.2006 to 31.3.2007 has been dismissed.

(2.) The brief facts of the case are that the petitioner, a Sub Inspector of Haryana Police alleges that he has an unblemished service record, except one sole adverse entry for the period from 25.4.2006 to 31.3.2007, and he has earned several commendation certificates during his service for displaying indomitable courage, bravery and devotion to duty. His date of birth is 19.1.1953 and date of superannuation is 18.1.2011. He further alleges that a frivolous enquiry was initiated against him. He was served with a charge sheet dated 20.9.2006 (Annexure P-2). The Enquiry Officer submitted his report (Annexure P-3) in which he was found innocent. The punishing authority did not agree with the findings of the Enquiry Officer and therefore, proceeded to issue a show cause notice dated 19.12.2006 (Annexure P-4) containing detailed reasons for not agreeing with the findings recorded by the Enquiry Officer. The show cause notice also disclosed the proposed penalty of stoppage of next four annual grade increments with cumulative effect keeping in view the findings of gross negligence. The petitioner filed his reply dated 19.12.2006 (Annexure P-5) to the same. Taking a lenient view vide order dated 19.1.2007 (Annexure P- 6), the punishing authority, Superintendent of Police, Ambala (Respondent no. 4) imposed the penalty of stoppage of one increment without cumulative effect. The petitioner preferred statutory appeal (Annexure P-7) before the Inspector General of Police, Ambala, who vide his order dated 19.6.2007 (Annexure P-8) rejected the same. Thereafter, the petitioner filed revision before the Director General of Police, which is still pending.

(3.) The petitioner was also departmentally proceeded against in another charge sheet dated 16.10.2007 (Annexure P-17). The Enquiry Officer submitted his report (Annexure P-18) , finding him innocent. Disagreeing with the same the punishing authority issued another show cause notice dated 23.2.2007 (Annexure P-19) containing detailed reasons for not agreeing with the report of the Enquiry Officer and proposing penalty of stoppage of one annual increment without cumulative effect. After considering his reply dated 7.3.2007 and personal hearing, another order of punishment dated 23.3.2007 (Annexure P-21) was passed inflicting the proposed penalty of stoppage of one increment without cumulative effect. The petitioner thereafter filed an appeal against the punishment order dated 23.3.2007 before the Inspector General of Police, the appellate authority. No decision has yet been taken on the same.