LEELA DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) This case depicts a shocking state of affairs in the so called disciplined force, i.e. Himachal Pradesh Police. The petitioner, who is a Constable at the lowest rung of the ladder in the hierarchy of force, has become a victim of the internecine fight between two senior police officials.

(2.) BRIEFLY stated the facts of the case are that vide order dated 7th September, 1993, the petitioner (Constable No.1183) was adjusted in the Enforcement Department, on temporary basis. It appears that an order was issued on 16th July, 1995, directing the petitioner to join back for duty in the Police Lines, Kaithu. The petitioner contends that this order was never received by him, but for the sake of argument it is presumed that this letter was received by him.

(3.) IT appears that the aforesaid letter of the Additional Director General of Police had no effect whatsoever on the Superintendent of Police and to the contrary the Superintendent of Police, either himself or under instructions from some senior Officer took umbrage to the letter and on 18th November, 1995 directed that the petitioner and the other Constables be treated to be absent from duty and their pay was ordered to be withheld. On 21st November, 1995, the penalty of censure was imposed upon the petitioner.