RAJASTHAN HIGH COURT AT JAIPUR BENCH
Sunil Kumar Garg, J.
Pratap Singh - Appellant
Versus
Superintendent Of Police And Ors. - Respondent
S.B. Civil Writ Petition No. 1987 of 1998.
Decided On : 13-08-2002
Constitution of India, Article 311(2) - Whether the punishment of stoppage of 3 increments in disciplinary proceedings for misbehavior with a retired police officer on duty in drunken state justified in the instant case - Held , Punishment invalid on the ground of non application of mind as charges were not established by enquiry report - further no reason assigned for denial of right to representation.
The petitioner is a Constable in the Police Department and while he was posted as Constable at Police Station, Sardarsahar District Churu, he was served with a charge-sheet under Rule 17 of the CCA Rules vide show cause notice dated 29.4.1995 and the allegation in the charge-sheet against the petitioner was that on 17.3.1995 at 7.30 PM, he misbehaved with Prem Narian Vishnoi, retired Dy. S.P, after consuming liquor when he came to Police Station, Sardarsahar and thus, he took liquor while on duty and such act of the petitioner amounted to gross misconduct. A copy of the charge-sheet alongwith show cause notice dated 29.4.1995 is marked as Annex. P/l. The petitioner was asked to submit reply to the said charge-sheet within 15 days.
After receiving the said show cause notice alongwith charge-sheet Annex. P/l dated 29.4.1995, a reply was submitted by petitioner before the respondent No. 1 Superintendent of Police, Churu (Disciplinary Authority) within the stipulated time and in that reply, the petitioner denied the allegations/charges levelled against him. A copy of the said reply running in three pages is marked as Annex. P/2.
Thereafter, the respondent No. 1 Superintendent of Police, Churu (Disciplinary Authority) through impugned order dated 26.6.1995 (Annex. P/3) imposed the penalty of withholding of three annual grade increments without cumulative effect upon the petitioner holding that the charge levelled against the petitioner has been fully proved.
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