CIVIL WRIT PETITION NO.11254 OF 2009 :{ 1 }:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

DATE OF DECISION: SEPTEMBER 26, 2011

ASI Rohtash Singh

.....Petitioner

VERSUS

State of Haryana and others

....Respondents

CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH

1. Whether Reporters of local papers may be allowed to see the judgement?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest?

PRESENT:

Mr. Surender Lamba, Advocate,

for the petitioner.

Mr. Harish Rathee, Sr.DAG, Haryana,

for the State.

Mr. J. S. Yadav, Advocate,

for respondent No.4.

****

RANJIT SINGH, J.

This order will dispose of Civil Writ Petition Nos.11254

and 7743 of 2009 (ASI Rohtash Singh Vs. State of Haryana and

others).

The petitioner has impugned the punishment of stoppage

of two increments with permanent effect imposed on him and also

CIVIL WRIT PETITION NO.11254 OF 2009 :{ 2 }:

prays for quashing of the enquiry report on the ground that the same

is illegal and in violation of the provisions.

While serving as a Head Constable, the petitioner

alongwith other police personnels intercepted one vehicle Tata 407

and one Kalu on 10.10.2007. Five cows were found loaded in the

said vehicle. Finding this to be a case under Cow Slaughter, a ruqa

was sent and a case under Section 4-A, 8/2/80 of Cows Slaughter

Act and 307 IPC was registered by SI Shish Ram. SI Shish Ram had

reached the scene and had taken over the investigation of the case.

The petitioner had only arrested Kalu and taken the vehicle in his

control.

The petitioner still was accused of arresting a wrong

person and was served a show cause notice on 23.4.2008, to which

he submitted his detailed reply. Enquiry Officer was appointed, who

held the petitioner as well as SI Shish Ram guilty of the charge.

Superintendent of Police, Mewat, without considering the pleas

raised by the petitioner imposed a punishment of stoppage of two

future increments with cumulative effect upon the petitioner as well

as SI Shish Ram on 15.5.2008.

The petitioner alongwith others was deputed for

Intermediate School Course, which was to commence with effect

from 1.8.2008. The appeal filed by the petitioner against the

impugned order of punishment was rejected on 11.11.2008, against

which the petitioner filed a revision. In the meantime, the petitioner

on being detailed had successfully completed the course and his

name was brought on promotion list D. The petitioner was promoted

as Assistant Sub Inspector on 10.3.2009. Without issuing any show

CIVIL WRIT PETITION NO.11254 OF 2009 :{ 3 }:

cause notice or affording any opportunity of hearing, the promotion

order of the petitioner was withdrawn on 14.5.2009. The petitioner

accordingly filed Civil Writ Petition No.7743 of 2009, challenging this

order.

While issuing notice of motion, the operation of the

impugned order was stayed.

The revision petition filed by the petitioner was also

rejected. The petitioner has accordingly challenged the punishment

imposed on him through the present writ petition.

In the reply filed, the respondents have justified the

punishment imposed on the petitioner of stoppage of two annual

increments. It is otherwise conceded that the petitioner was brought

on promotion list `D' with effect from 10.2.2009 and was promoted to

the rank of ASI on 10.3.2009. It is stated that the promotion was

wrongly made as the petitioner was under currency of punishment of

stoppage of two annual increments with permanent effect and, thus,

would be eligible for promotion only after the currency of punishment

was over.

In response to the factual position, it is alleged that the

petitioner, as a Head Constable, had sent a ruqa for registration of a

case and rounded off Shri Kalu wrongly and