IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

206+202 Date of Decision: 23.09.2025

1. CWP-21150-2015 KAPTAN SINGH ...Petitioner Vs.

STATE OF HARYANA & ORS. …Respondents

2. CWP-16822-2001 MANGE RAM ...Petitioners Versus STATE OF HARYANA & ORS. …Respondents CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. S.K. Redhu, Advocate for the petitioner (in CWP-21150-2015)

Mr. Mayank Sharma, Advocate with Mr. Satinder Kumar, Advocate for the petitioner (in CWP-16822-2001)

Mr. Ravi Partap Singh, DAG Haryana ****

JAGMOHAN BANSAL, J. (ORAL)

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-21150-2015.

2. The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking setting aside of:-

i. Enquiry report dated 23.02.2009 (Annexure P-4);

ii. Order dated 02.04.2009 (Annexure P-6) whereby he was dismissed from service;

iii. Order dated 11.06.2009 (Annexure P-8) whereby his appeal against the dismissal order was rejected;

iv. Order dated 01.10.2009 (Annexure P-10) whereby his revision was dismissed;

v. Letter dated 26.09.2011 (Annexure P-14) whereby adverse remarks were conveyed to him;

vi. Notice dated 14.12.2012 (Annexure P-23) whereby he was issued notice for compulsory retirement;

vii. Order dated 07.01.2013 (Annexure P-24) whereby he was compulsorily retired; and viii. Order dated 11.01.2013 (Annexure P-25) whereby his representation was rejected.

3. The petitioner joined Haryana Police Force as Constable on 31.01.1981. He was willing to join Executive Clerical Cadre (English Branch), thus, as per prescribed procedure, he appeared in the written test. He qualified written test and came to be selected for Clerical Cadre. He was admitted to Clerical Cadre subject to passing type test. Order of admission in Clerical Cadre was passed by DIG, Ambala Range, Ambala. Order dated 30.09.1989 whereby he was admitted to Executive Clerical Cadre is reproduced as below:-

“ORDER On the basis of written test the names of the following constables are approved for admission the executive clerical cadre (English office) in order of merit obtained by them as given below w.e.f. 29.9.1989 subject to passing type test in English and Hindi within six months.

Sr. No. Name, Rank and No.

1. Const. Ram Murti, No. 642/UMB 2. " Dharam Pal Singh, No. 27/KKR

3. " Kaptan Singh, No. 537/KNL

4. " Som Lal, No. 1112/UMB

5 " Jagdish Singh, No. 1784/ UMB

6. " Heera Lal, No. 394/KNL

7. " Azad Singh, No. 1134/KKR

8. “ Hukam Chand, No. 1261/KKR

9. Rakesh Kumar, Nọ. 543/KNL

10." Balkar Singh, No. 896/UMB Sd-

Dy. Inspector General of Police, Ambala Range, Ambala.

Endst. No. 11747-49/A-3 dated 30.9.89”

4. He was promoted as Officiating Head Constable (English Branch) with special pay of Rs.40/- per month vide order date 11.12.1999 passed by Deputy Inspector General (for short ‘DIG’) Rohtak Range, Rohtak. He was transferred on mutual consent basis from Rohtak Range to Gurgaon Range where he was promoted as Officiating Assistant Sub Inspector in Clerical Cadre with special pay of Rs.60/- per month w.e.f. 01.03.2006. His order of promotion as Officiating Assistant Sub Inspector was passed by Inspector General of Police (in short ‘IGP’), Gurgaon Range, Gurgaon. The respondent initiated departmental enquiry against him. The Inquiry Officer found him guilty of alleged misconduct. He was issued show cause notice proposing dismissal from service. He was awarded punishment of dismissal from service vide order dated 02.04.2009 passed by Superintendent of Police (in short ‘SP’) Faridabad. He preferred appeal before IGP Faridabad. In the appeal, he specifically pointed out that SP, Faridabad was not competent authority to pass order of punishment. The Appellate Authority vide order dated 11.06.2009 converted punishment of dismissal from service into stoppage of three increments with permanent effect. Fee