ASI KEWAL KRISHAN vs STATE OF PUNJAB AND ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(P&H) 2978

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ASI KEWAL KRISHAN – Appellant
Versus
STATE OF PUNJAB AND ORS – Respondent

JUDGMENT :

JAGMOHAN BANSAL, J.

1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of orders passed by departmental authorities whereby he was awarded punishment of forfeiture of two increments with permanent effect.

2. The petitioner joined Police Force as Constable on 30.11.1989. The respondent initiated departmental inquiry against him alleging that he remained absent from duty for 128 days. The inquiry officer found him guilty of alleged misconduct and disciplinary authority vide order dated 17.04.2009 awarded him punishment of forfeiture of two increments with permanent effect. He preferred appeal and Appellate Authority vide order dated 05.08.2009 rejected his appeal. He preferred revision which came to be rejected vide order dated 12.06.2014.

3. Learned counsel for the petitioner submits that petitioner had 20 years service to his credit still was punished with forfeiture of increments on the ground of absence from duty. The punishment awarded was harsh. The Inquiry Officer did not appreciate evidence in true spirit and held him guilty. The higher authorities have passed impugned orders without application of mi

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