SHIV CHARAN Vs. DIRECTOR GENERAL OF POLICE, HARYANA

JUDGEMENT

(1.) The petitioner was a member of disciplined force being Head Constable of Haryana Police. He has filed the instant petition under Article 226 of the Constitution praying for quashing Charge sheet dated 6.9.2006 (P-6), order dated 29.12.2006 (P-11) passed by the Superintendent of Police, Kaithal-respondent No. 3, imposing a punishment of stoppage of three future annual increments temporarily. The punishment has been inflicted in pursuance to departmental inquiry in which the petitioner has been found guilty of the charge that he had abducted a citizen and extorted money from him by threatening. Order dated nil, Annexure P-13, passed by the Inspector General of Police, Ambala Range, Ambala Cantt. Respondent No. 2 and order dated 6.1.2008 (P-14), passed by the Director General of Police-respondent No. 1 dismissing the appeal and revision respectively filed by the petitioner have also been challenged. A further prayer has been made for amending the ACR (Annexure P-17 and P-18) and to quash order dated 19.12.2006 (P-20), passed by the Inspector General of Police, whereby the representation against the adverse remarks has been rejected. The petitioner has also prayed for regularisation of his suspension period in the light of the acquittal order passed by the Court of Judicial Magistrate st Class, Kaithal and to grant all consequential benefits.

(2.) Brief facts may first be noticed. On the basis of a complaint tiled by one Partap Singh s/o Munshi Ram, an FIR No. 38, dated 25.2.2006, under Sections 365 and 386 IPC, was registered at Police Station Dand, against the petitioner (P-1). The allegation levelled against the petitioner was that while posted at CIA-III, Pundri, on 24.2.2006, he went to Bus Stand, Pundri and compelled the complainant to sit in the car. Thereafter, the petitioner threatened to involve him in some false case. He allegedly snatched Rs. 7,000/- from the complainant and further demanded Rs. 1.5 lacs for releasing him. After registration of the FIR, the petitioner was arrested and a Sum of Rs. 70,000/- was recovered from him. He was placed under suspension w.e.f. 25.2.2006, vide order dated 27.2.2006. It is conceded position that in the criminal trial the petitioner was acquitted by the learned Judicial Magistrate 1st Class Kaithal, vide order dated 20.4.2006 (P-2) and no appeal has been filed by the department.

(3.) Besides criminal trial, a departmental inquiry was also initiated against the petitioner, vide order dated 27.2.2006 (P-3). After holding regular departmental inquiry and recording statements of various departmental and defence witnesses, the Enquiry Officer submitted his report on 16.11.2006 and reached the conclusion that the petitioner was guilty of charge (P-7). Enquiry report was supplied to the petitioner to which he submitted his reply (P-8). Thereafter, a show cause notice, dated 25.11.2006, was issued to the petitioner by the Superintendent of Police, Kaithal-respondent No.3, who is the punishing authority of the petitioner (P-9). The petitioner furnished written reply to the show cause notice (P-1). After considering the written reply and record, the punishing authority also afforded an opportunity of personal hearing to the petitioner on 28.12.2006. The punishing authority- respondent No. 3, after considering length of service of the petitioner and taking a lenient view passed an order dated 29.12.2006, imposing a punishment of stoppage of three future annual increments temporarily (P-11).