AMAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was inflicted with penalty of stoppage of one increment with temporary effect. This minor punishment was imposed by the Superintendent of Police, (Telecommunications), Haryana, Panchkula. The petitioner filed an appeal against the order of punishment. While the appeal was pending, the Inspector General of Police, who was the appellate authority, issued a show cause notice to the petitioner as to why the penalty imposed should not be enhanced. The show cause notice was replied to by the petitioner but his defence was not found satisfactory and he was inflicted with major punishment of stoppage of two annual grade increments with permanent effect and the minor penalty was converted into a major one. Aggrieved by the imposition of major penalty and enhanced punishment, the aggrieved petitioner sought his remedy in revision before the Additional Director General of Police, Haryana, Panchkula. The Additional Director General of Police, Haryana-cum-Revisional Authority, has passed a non-speaking order dated 09.08.2011 which does not disclose the process of reasoning to justify the conclusion arrived at. The operative part of the order reads as follows:-

(2.) A reading of the order leaves much to be desired coming from a quasi judicial authority sitting in re-visional jurisdiction.

(3.) The revisional authority could not have depended entirely on what the appellate Authority did as though it was performing an empty formality. Merely because the petitioner has been heard by the revisional authority would not add any greater weight to the decision. The impugned order falls far short of what was expected from a revisional authority acting virtually as a first appellate authority against enhanced punishment and for this reason and after having heard Mr. Namit Kumar, learned counsel for the petitioner and Mr. Harish Rathee, Sr. DAG, Haryana for the State, I would allow this writ petition, set aside the revisional order dated 09.08.2011 (Annexure P-9) and remit the matter back to the Additional Director General of Police, Haryana-cum-Revisional Authority to pass a fresh reasoned and speaking order after affording an effective opportunity of hearing to the petitioner.