IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAM KISHAN – Appellant
Versus
STATE OF HARYANA AND ORS. – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of:
i. order dated 17.05.2007 whereby he has been awarded punishment of stoppage of two future increments with permanent effect;
ii. order dated 04.02.2008 whereby his appeal was dismissed; and iii. order dated 18.10.2008 whereby his revision petition was dismissed.
2. The petitioner joined Police Force as Constable on 23.04.1973. He moved up in the ranks and was promoted as Assistant Sub-Inspector. He came to be arrested in FIR No. 953 dated 14.12.2005 under Sections 323, 452 & 506 of Indian Penal Code, 1860 and Sections 61-1-14 of Excise Act registered at Police Station City Gurgaon which was lodged against him for trespassing his neighbour's property and abusing him under the influence of liquor. The respondent initiated departmental inquiry against him on basis the aforesaid FIR. The Inquiry Officer found him guilty of alleged misconduct and Disciplinary Authority vide order dated 17.05.2007 awarded him punishment of stoppage of two future increments with permanent effect. He unsuccessfully preferred appeal as well as revision before the
The High Court's review in disciplinary matters is constrained to procedural correctness and does not extend to re-evaluating evidence or punishment unless grossly disproportionate.
The court affirmed that its jurisdiction in disciplinary matters is limited, focusing on procedural adherence and not reappraising evidence unless the punishment is grossly disproportionate.
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