RAJESH YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner is seeking a writ of mandamus/certiorari for quashing the enquiry report dated 07.02.2015 (Annexure P-9), show cause notice dated 09.03.2015 (Annexure P-11), order dated 27.05.2015 (Annexure P-13), whereby he has been dismissed from service and order dated 18.09.2015 (Annexure P-15), whereby Director General of Police has dismissed his appeal.

(2.) Petitioner has placed on record correct copy of enquiry report (Annexure A-1) vide CM No.1787-CWP of 2017, which was allowed on 17.02.2017. As per this enquiry report, petitioner had visited Punjab and Haryana High Court at Chandigarh on 05.10.2014 to attend the proceedings in case No.162/2014, under Sections 148/149/307/506 IPC and Arms Act, registered at Police Station, Hathin in FIR No.166 of 2012 and also in relation to FIR No.342 of 2013. On 05.10.2014 itself, members of Ram Sena/Bajrang Dal carried out illegal activities of setting up a Mosque on fire and damaged the said Mosque, which was situated near the old police station building when the roof was being laid. When the persons belonging to the Muslim Community came to know about the same, they gathered and damaged the idols in the Kunda Mandir, Hthin. Due to this, a lot of tension prevailed amongst both the communities on the night of 05.10.2014 and a situation of riot had occurred. The petitioner was informed about the said incident when he had gone to attend the Court proceedings at Punjab and Haryana High Court, on 05.10.2014 and Deputy Superintendent of Police, Palwal as well as Sh. Krishan Kumar, Haryana Police Service, Deputy Superintendent of Police, Hathin had also ordered him to reach immediately and take control of the situation on 06.10.2014. One Udai Raj, HPS, Deputy Superintendent of Police (HQ), Palwal had also held a telephonic conversation with the petitioner on 06.10.2014 when the petitioner informed him that he was in Delhi. Rather, the petitioner came for duty at 9.00 A.M. on 07.10.2014. He should have followed the orders given by the higher officers and reached at Police Station, Hathin so that the situation could have been controlled. Despite the fact that DSP spoke to the petitioner on 06.10.2014, he did not reach Police Station, Hathin and disobeyed the orders of the higher officers. Superintendent of Police, Palwal enquired into the matter and sent his report to the Inspector General of Police, South Range, Rewari for further necessary action. Vide order dated 20.10.2014, a direction was given for initiation of departmental enqiury and thereafter, the DSP, Palwal, vide order dated 22.10.2014, gave direction for conducting a regular enquiry.

(3.) On 13.11.2014, copy of statement of allegations, list of witnesses and list of documents were given to the petitioner and during enquiry, statements of witnesses were recorded in his presence. After recording statements of the witnesses, petitioner was charge-sheeted on 09.12.2014. After getting written reply from the petitioner, the Enquiry Officer gave his finding that as per PW-1 Sh. Patram Singh, IPS, Inspector Rajesh Kumar had taken permission from him before going to Chandigarh and after resuming duty on 07.10.2014. He had displayed swift action, courageous and brave in conducting raid and residents/hideouts of the miscreants and apprehended them. PW-2 Sh. Uday Raj Singh, HPS, had also admitted during his cross-examination conducted by Rajesh Kumar-petitioner that after coming back on duty on 07.10.2014 from Chandigarh, he (petitioner) had displayed courage, bravery and extreme swift action in conducting rais at the houses of suspects. PW-3 Sh. Krishan Kumar, HPS, has admitted that Inspector Rajesh Kumar had conducted raids at the houses of suspects immediately upon reaching back from Chandigarh on 07.10.2014 and displayed bravery, courage, conviction and swiftness in action.