MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal filed under Clause X of the Letters Patent, is directed against judgment dated 27.04.2005 passed by the learned Single Judge of this Court rendered in C.W.P. No. 1547 of 1999. The learned Single Judge has allowed the prayer of the petitioner-respondent and has issued directions to the appellant that the petitioner-respondent be rewarded 20% of the total amount of the contraband items seized by him in pursuance of the policy instructions dated 30.03.1985.

(2.) BRIEF facts of the case are that on the information supplied by the petitioner-respondent, 245 gold biscuits were seized by the Custom and Police Department on 17.01.1994. Even the smugglers were arrested. In pursuance of the policy instructions dated 30.03.1985, the revenue accorded sanction for rewarding the petitioner-respondent a sum of Rs. 7,14,000/- and the same was paid to him on 30.05.1994. The petitioner-respondent was further informed that the final reward would be paid to him only after the case had been finally adjudicated upon by the competent authority. Thereafter, a further sum of Rs. 3,00,000/- has been sanctioned and paid to the petitioner-respondent.

(3.) AFTER taking into account the written statement filed by the appellant and weighing the rival contention, the learned Single Judge felt persuaded to take the view that although according to para 3.1.1 of the instructions, the maximum reward money could be 20% yet according to para 4.1 if the amount lesser than the 20% was to be paid then some reason must be spelt out by the competent authority at a stage prior to the payment of the reward. The learned Single Judge then proceeded to notice para 9 of the written statement and observed as under :-