IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 221

Regular Second Appeal No.5267 of 2014 (O & M)

Date of Decision: September 04, 2017

The Financial Commissioner & Principal Secretary, Government of Haryana

and others

..... APPELLANTS

VERSUS

Constable/EHC Satish Kumar

..... RESPONDENT

. . .

CORAM:

HON'BLE MR. JUSTICE JASPAL SINGH

. . .

PRESENT: - Mr. C.S. Bakshi, Additional Advocate General, Haryana.

Mr. Inderjit Singh, Advocate, for the respondent.

. . .

Jaspal Singh, J

Delay condoned.

The instant regular second appeal has been preferred by the

defendants – appellants challenging judgment & decree dated May 07, 2014

passed by the District Judge, Ambala, whereby an appeal filed by the

plaintiff – respondent against judgment & decree dated April 30, 2013

passed by the Civil Judge (Junior Division), Ambala, dismissing his suit for

declaration, was allowed. Consequently, the suit preferred by the respondent

– plaintiff stood decreed for declaration to the effect that Order No.22/Steno

dated May 09, 2005 of Superintendent of Police, Ambala for stoppage of

three increments with permanent effect of plaintiff; order of appeal dated

May 18, 2009 of Inspector General of Police, Ambala Range, Ambala

Cantt.; and order dated November 06, 2009 passed by the Director General

of Police, Haryana, vide which punishment of stoppage of three increments

Avin Kumar

2018.03.08 15:02

I attest to the accuracy and

integrity of this document

RSA No.5267 of 2014 [2]

with permanent effect was reduced to two increments was imposed, were set

aside and appellant is held entitled to all the arrears and consequential

benefits except for the suspension period.

2.

Brief facts of the case are that plaintiff is a permanent

employee of Police Department, Government of Haryana. During his posting

at District Panipat, he was a member of Escort party for production of under

trials/ prisoners in the District Courts at Panipat on August 16, 2002

alongwith other members of Escort Party in Bus No.3661 driven by Jagir

Singh. The bus was in service to shift the under-trials back in Karnal and

Ambala Jails. One accused Luxmi Narain son of Nihal was found missing in

the bus. The plaintiff being a member of the Escort Party produced prisoners

in the courts at Panipat on August 16, 2002 was placed under suspension

alongwith other officials of the Escort party. FIR No.271 dated August 16,

2002 under Sections 223/224 IPC was got registered at Police Station,

Model Town, Panipat. One Deputy Superintendent of Police was appointed

as Inquiry Officer. Meanwhile, plaintiff was transferred to Ambala District

and a show cause notice vide Memo No.254/Steno dated April 20, 2005

alongwith copy of inquiry report was issued by the DSP Panipat. It was duly

replied. A penalty of stoppage of three increments with permanent effect

was imposed upon the plaintiff vide order dated May 09, 2005. The appeal

filed by the plaintiff against the aforesaid order of penalty was dismissed by

the Inspector General of Police, Ambala Range, Ambala on May 18, 2009

being time barred. Subsequently, plaintiff filed a revision before the Director

General of Police, Haryana, wherein, vide order dated November 06, 2009,

punishment of stoppage of three grade increments with permanent effect was

reduced to two increments with permanent effect with no orders for treating

the suspension period as duty period. Meanwhile, the plaintiff was acquitted

Avin Kumar

2018.03.08 15:02

I attest to the accuracy and

integrity of this document

RSA No.5267 of 2014 [3]

in the criminal case (FIR No.271 dated August 16, 2002) vide judgment

dated July 11, 2007 by the JMIC, Panipat. The appeal filed by the State

against the said judgment of acquittal was also dismissed