JUDGMENT :

JAGMOHAN BANSAL, J.

1. As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-2145-2017.

2. 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 has been awarded punishment of forfeiture of five increments with permanent effect.

3. The petitioner joined Police Force as Constable on 06.10.1989. He was promoted from time to time. He was sent on deputation to State Crime Branch in February’ 2008. He was repatriated to his parent department in June’ 2015. A complaint was made to Director General of Police, State Crime Branch, Panchkula alleging that petitioner has demanded money and mobile from complainant. In 2016, the respondent initiated departmental inquiry against him alleging that he has demanded money and mobile from complainant-Lakha. The inquiry officer found him guilty of alleged misconduct. Conclusion drawn by inquiry officer reads as:

“I have perused carefully the statements of prosecution witnesses, defence witnesses, written reply of EASI Balwan Singh 992/Hisar recorded during the inquiry and other documents were studied and on perusal the matter under inquiry was found as below:-

EASI Balwan Singh 992/Hisar has submitted in his statement that neither he took money from Lakkha S/o Shiana Singh R/o Laxmi Nagar and complainant Zorawer Singh S/o Giani Ram R/o Jind nor he demanded money or mobile from them. There was a money transaction dispute between Telu and Lakkha. He went there for getting settled and compromise the matter between both the parties. During the departmental inquiry it has come into notice that EASI Balwan Singh No. 992/Hisar was posted in State Crime Unit Jind on deputation then a complaint against EASI Balwan Singh was submitted for taking action to Director General of Police State Crime Branch Moginand Panchkula by Zorawer Singh S/o Sh. Giani Ram R/o H.N. 295/7 Shyam Nagar Jind. Preliminary inquiry of the complaint was by Sh. Rajesh Kumar HPS, Deputy Superintendent of Police State Crime Branch Panchkula in which it was found that EASI Balwan Singh was having contact with Tilak Raj alias Telu R/o Jind and Telu R/o Jind works in gambling and Lakkha, Zorawer also do the work of gambling. There was a money transaction between Lakkha Singh S/o Shiana Singh caste Jat, H.No. 674/7 Laxmi Nagar Kaihal Road Jind Nephew of Zorawer Singh S/o Giani Ram with Telu Ram. Telu Ram borrowed Rs. 25,000/- for 10 days in the month of April 2015 from Lakkha but he did not return the money to Lakkha and Balwan Singh EASI asked Zorawer and Lakkha to give Rs. 25,000/- to Telu otherwise inquiry against them has come to him and you are doing illegal work. He also has their call details. Whereas Lakkha nephew of Zorawer has to take Rs. 25,000/- from Telu. Thereafter EASI Balwan Singh reached in the office of Lakkha, Patiala Chowk Jind on 20.05.2015 where EASI Balwan Singh, Lakkha Singh and Karamvir S/o Didar Singh caste Jat R/o Patiala Chowk Jind were present there. There EASI Balwan Singh NO. 992/Hisar showed old call details taken in old case to Lakkha S/o Shiana Singh and said he has this call detail, return the money of Telu and it was also said give new mobile otherwise your report would be sent to SP and case will be got registered against you. Besides this demand of mobile and money from Lakkha by EASI Balwan Singh and his relationship with criminal type persons is proved from CD and preliminary inquiry. Therefore there is no truth in the arguments of EASI Balwan Singh No. 992/Hisar and I do not agree with him.

In this way EASI Balwan Singh No. 992/Hisar being a member of disciplined force developed relationship with criminal type persons threatened to Lakkha etc. for registration of case against them by showing call detail taken in other case,