SUNDER PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By means of this writ petition, the following relief has been claimed:--

(2.) The challenge to the impugned orders Annexure A-7 and also Annexure A-9 as well as A-11 is on the grounds, inter alia, that the inquiry officer was not competent under the Punjab Police Rules to serve charge sheet upon the petitioners and it was the sole prerogative of the disciplinary authority. Also that the disciplinary proceedings have been conducted with close and predetermined mind to hold the petitioners guilty. The written statement in defence submitted by the petitioners is not taken into consideration. The evidence available on record suggesting that the petitioners were not at fault with respect to the escape of the accused is erroneously ignored.

(3.) The impugned orders whereby the penalty has been imposed upon the petitioners and whereby the appeals/revision petitions preferred have been rejected, are non-speaking nor all the points raised been taken into consideration. Petitioners have not been afforded the opportunity of being heard.