STATE OF HARYANA AND OTHERS Vs. MOHINDER SINGH

JUDGEMENT

(1.) Defendants are in second appeal.

(2.) Plaintiff has filed a suit for declaration challenging the orders dated 25.6.1999 passed by the Superintendent of Police, Sirsa (defendant No. 3) and 24.2.2000 passed by the Inspector General of Police, Hisar Range, Hisar (defendant No. 2) vide which the punishment of reduction in the rank of the plaintiff was set aside with the stoppage of two future annual increments with permanent effect.

(3.) It was alleged that the nature of charges, levelled against the plaintiff, constitutes a criminal offence under the various provisions of Indian Penal Code but the Mandatory concurrence of District Magistrate under Rule 16.38 of the Punjab Police Rules, 1934 (for short 'the Rules') was not taken before the proceeding with the departmental enquiry, in which the aforesaid orders dated 25.6.1999 and 24.2.2000 have been passed.