BALBIR SINGH THAKUR Vs. STATE OF H P

JUDGEMENT

(1.) ONE Sh. D.W. Negi was posted as DSP with the Security of Hon'ble the Chief Minister, State of H.P. at Shimla. Certain disciplinary proceedings were initiated against him. On 27.6.2005, Sh. Balbir Singh Thakur, the present petitioner, who was working as Additional S.P., was entrusted with the duty of conducting the inquiry proceedings against the said delinquent official. However, petitioner expressed certain reservation and his inability to conduct and complete the inquiry proceedings. He made verbal requests with the appropriate authority(s) for relieving him from discharging such duties. Petitioner's written communication recording such request is letter dated 3.8.2006 (Annexure P-2) which reads as under:-

(2.) AT this juncture it may be noticed that receipt of Annexure P-2 is formally denied by the State in the counter affidavit filed by the Principal Secretary (Home) to the Government of H.P.

(3.) UNDISPUTEDLY, no prompt action was taken on this letter by the concerned authorities. However, on 1.6.2007 the enquiry proceedings against the delinquent official were, separately, entrusted to another officer who submitted the inquiry report on 8.4.2008. Significantly such enquiry proceedings and report pertained only with regard to the conduct of Sh. D.W. Negi. But however, the Additional Director General of Police (State CID, HP) in terms of letter dated 14.5.2008 (Annexure P-5) recommended imposition of penalty of censure with regard to both D.W. Negi and the petitioner. For better appreciation and ready reference, contents of the said letter are reproduced as under:-