ASHOK KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner is seeking writ of certiorari for setting aside show cause notice dated 13.7.2015 (Annexure P-1), order dated 8.9.2015 (Annexure P-2) of respondent no.4-Superintendent of Police, Bhiwani, order dated 24.12.2015 (Annexure P-4), whereby his appeal was dismissed against censure, and order dated 16.10.2017 (Annexure P-7) by which the representation/appeal dated 31.3.2017 regarding promotion of the petitioner to the post/rank Sub Inspector Police was rejected. The petitioner has further prayed for issuance of a direction to respondents no. 1 to 3 to consider the case of promotion of the petitioner to the post of Sub Inspector Police from the post of Assistant Sub Inspector of Police keeping in view the representation dated 15.11.2017 (Annexure P-8).

(2.) Petitioner joined the Police Department as a Constable on 1.8.1985 and after passing Lower School Course, he was promoted to the post/rank of Head Constable and thereafter confirmed on that post w.e.f 3.1.2003. Thereafter, he was promoted to the post of Assistant Sub Inspector of Police w.e.f 23.5.2007 and confirmed as such w.e.f 31.1.2010 while posted at District Bhiwani in Hisar Range, Hisar. The copy of seniority list is annexed as Annexure P-9. Petitioner while posted as SHO Police Station City Dadri was issued a show cause notice on 13.7.2015 (Annexure P-1) stating therein that he did not carry out night patrolling during the night intervening 08/09.07.2015 despite his duty to conduct the same. Vide this show cause notice, petitioner was given an opportunity to show cause as to why the proposed punishment of censure may not be imposed upon the petitioner for his act of negligence. The petitioner gave his reply to the show cause notice vide letter dated 19.7.2015 (Annexure P10). Vide impugned order dated 8.9.2015 (Annexure P-2), he was awarded the punishment of censure. Against the impugned order dated 8.9.2015 (Annexure P-2), the petitioner sent an appeal dated 22.10.2015, but respondent no.3 rejected the appeal of the petitioner vide impugned order dated 24.12.2015 (Annexure P-4).

(3.) In the reply filed to the show cause notice (Annexure P-10), the stand taken by the petitioner was that on the intervening night of 8/9.7.15, it was Head Constable Amarjit Singh who was sent to patrolling duty and he was busy in other official work. In the reply, the petitioner admitted that he was not on the patrolling duty. Hence the order dated 08.09.2015 (Annexure P-2) imposing punishment of censure upon the petitioner does not require to be interfered with, therefore, qua the prayer of the petitioner seeking quashing of the orders dated 08.09.2015 (Annexure P-2), 24.12.2015 (Annexure P-4) and order dated 16.10.2017 (Annexure P-7), the writ petition is hereby dismissed.