JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The three petitioners, members of the Punjab Armed Police, are aggrieved by the penalty of stoppage of increments. Their appeals against the order having been rejected by the Deputy Inspector General of Police, they have filed the present writ petition. A few facts may be briefly noticed.

(2.) The petitioners were posted on guard duty at Chowk Ghantaghar, opposite Darshani Deori, Harmandir Sahib, Amritsar. Inspector Abnashi Dass (who was later on promoted as Deputy Superintendent of Police) was the Incharge. On April 25, 1983, Mr. A.S. Atwal, IPS, Deputy Inspector General of Police, Jalandhar Range, was shot by certain persons. Alleging that the police personnel on duty had failed to take any action, departmental proceedings were initiated against Inspector Abnashi Dass and the petitioners. Inspector Abnashi Dass was reinstated and the charge sheet against him was dropped vide order dated June 17, 1987. Thereafter, vide order dated March 30, 1988, even the proceedings against the petitioners were dropped by the Commandant 80th Battallion PAP, Jalandhar Cantonment. It was inter alia observed that "Inspector Abnashi Dass ...(now DSP of 12th Battalion) was present where the PAP reserve guard was stationed.....the charge sheet served upon him was dropped by the Director General of Police-cum-Secretary to Government Punjab, Internal Security, vide his order.....dated 20.7.87." In view of this position, the Commandant held that he did not find any reason "to blame/hold guilty guard personnel of this Battalion." Accordingly, the petitioners were exonerated of the charge levelled against them.

(3.) On November 8, 1988, the Deputy Inspector General of Police, annulled the order passed by the Commandant as "it was passed without keeping in view the findings of the Inquiry Officer, show cause notice of dismissal and other relevant material on record." Thereafter, show cause notice was issued to the petitioners and after considering their respective replies, penalty of stoppage of increments (three in case of petitioner No. 1 and two in case of petitioner Nos. 2 and 3) was imposed. The Deputy Inspector General of Police rejected their appeals on October 31, 1989. Hence this petition.