OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This second appeal is directed against the decree and judgment of the learned Additional District Judge, Jind in Civil Appeal No. 167 of 1992, dated August 29, 1992.

(2.) The appellant filed a suit for declaration that the punishment of stoppage of two increments with cumulative effect imposed upon him by the impugned order dated 15.12.1987 is illegal, null and void. According to the plaintiff, he joined the police department and when he was serving as Assistant Sub Inspector, certain charges have been framed against him and the Deputy Sub-Inspector of Police, Narwana, was appointed as the Enquiry Officer to conduct the departmental enquiry and after completion of the enquiry, the Superintendent of Police, Jind imposed a punishment of stoppage of two increments with cumulative effect by his order dated 15.12.1987. The plaintiff filed departmental appeal before the third defendant, Deputy Inspector General of Police, Ambala, who has not decided his appeal. Therefore, the plaintiff filed the suit after serving the defendants with a notice under Section 80 of the C.P.C., to declare that the order dated 15.12.1987 is illegal, null and void.

(3.) In the written statement, it has been contended that the Enquiry Officer, on the basis of the evidence recorded by him, found that the charges against the plaintiff were proved and the punishing authority imposed the punishment on a consideration of the material on record including the report of the Enquiry Officer and there is no illegality in the order passed by the second defendant. It is further averred that the appeal filed by the plaintiff before the Deputy Inspector General of Police, Ambala, has been rejected on 27.10.1988, and, therefore, the suit is liable to be dismissed.