(Cause Title downloaded from CIS Periphery)

Digitally signed SHYNA b D y N S : H cn Y = N S A H A Y J N A A Y AJAY, AJAY o=PERSONAL, st=Chhattisgarh, c=IN

C A V Order

1. By way of the present petition, the petitioner seeks to challenge the impugned punishment order dated 26.10.2019 passed by respondent No.3, whereby a penalty of withholding one annual increment with cumulative effect was imposed. The petitioner further challenges the impugned order dated 26.10.2022 passed by the Appellant Authority (respondent No.2), which dismissed the appeal preferred against the said punishment order.

2. The petitioner has prayed for the following reliefs in the petition :

10.1 To call for entire records from respondents pertaining to the case and the case decided by respondent no. 3 for kind perusal.

10.2 To set aside the impugned appellate order annexure P/6 dated 26.10.2022.

10.3 To set aside the impugned penalty order annexure P/5 dated 26.10.2019 and enquiry report (annexure P/3)

10.4 Το direct respondents to grant petitioner all consequential benefits

10.5 To grant any other relief deemed fit and proper in facts and circumstances of the case.

3. A Departmental Enquiry was initiated against the petitioner and three other delinquent officers. The specific charge framed against petitioner – Kesharichand Sahu (Inspector) alleged that upon assuming charge of the Police Station, Gandai on 7.10.2018, he demonstrated negligence in his duties by not obtaining information regarding pending warrants from Head Constable Mansay Tirkey and Constable Goverdhan Chouhan. It has been further alleged that the petitoner did not forward necessary information to his Hon’ble Court regarding the status of the service of the said warrant(s). A Departmental Enquiry was subsequently initiated on the basis of said charge. According to the petitioner, the allegations levelled against him were not substantiated by the evidence of the prosecution witnesses themselves. However, the concerned authority, without considering the above aspect, proceeded to pass the impugned order.

4. Brief facts of the case are that the petitioner assumed charge as SHO of Police Station, Gandai on 7.10.2018. On that day, he has taken charge from his predecessor, who was the then Incharge of the said Police Station. The allegation against the petitioner is that he has failed to execute a bailable warrant issued by this Court against one Lalji Malla @ Kanthi in Criminal Appeal No.1954/1999, which directed the service thereof upon the accused to ensure his appearance. The gravamen of the allegation against the petitioner is that upon assuming charge of the Police Station, Gandai, he failed to verify the Monthly Goswara Register concerning the service of bailable warrants and summons. It is further alleged that the petitioner failed to ensure that a compliance report was submitted before this Court. Therefore, the absence of any record indicating whether the warrant was served or whether a report was submitted before this Court led to the inference that the petitioner was negligent in his duties, thereby resulting in initiation of departmental proceedings. Though in his reply to the show cause notice/charge sheet, the petitioner categorically submitted that the said warrant was not recorded in the relevant Station Registers nor was it ever physically handed over to him during the transition of charge. Consequently, as the incumbent SHO, the petitioner was never made aware of the pending of the said warrant. It was also stated by him that non-service of the warrant and subsequent non-compliance with this Court’s order were a direct consequence of this omission. The petitioner specifially stated that had the bailable warrant been duly entered in the register as a standard procedure, he would have ensured its prompt execution and submitted the necessary compliance report to this Court. The petitioner further stated in the reply that he has not committed any miscon