- (1.) This writ petition is directed against two separate proceedings. By the first order, which is impugned in this case, the petitioner was reverted to this substantive rank of a Sub-Inspector of Police from the post of an Inspector of Police which he was holding in an officiating capacity. The second impugned order is the one directing a department inquiry against the petitioner on a charge of alleged serious misconduct. A brief history of the case may first be set out.
(2.) On December 9, 1933 the petitioner joined the Punjab Police Service as a Foot Constable. Having been promoted on 15th November, 1941 as an Assistant Sub-Inspector the petitioner was confirmed in that post in 1946. He was promoted as a Sub-Inspector of Police in August, 1948 and was confirmed as such in 1952. In March, 1961 petitioner's name was brought on List 'F', i.e. on the list of Sub-Inspectors of Police approved for promotion as Inspectors. On August 14, 1961 the petitioner was appointed as an officiating Inspector of Police and was posted to the C.I.A. Staff, Hissar, as such. The petitioner's case is that since he joined the police service right up to December, 1962 there was no adverse report against him which might ever have been conveyed to him. On the other hand, contends the petitioner, he earned about 70 commendation certificates besides various cash rewards for distinctive services rendered in his capacity as a Police official. the grant of commendation certificates to the petitioner is admitted in the reply to the writ petition filed by the respondent No. 2. The grant of cash rewards has not been denied. It has, however, been added that the petitioner was awarded a censure on 27th June, 1946 and another one on 16th June, 1955. In view of this statement by both sides it is apparent that the petitioner had till December, 1962 a record which can properly be called meritorious and in no case termed as a bad one.
(3.) The petitioner then states that as the head of the Range Anti-Dacoity Staff he had arrested Bhartu and Shanti, proclaimed offenders on 20th/21th August, 1962 and had recovered a Sten gun with two loaded magazines containing 47 lives rounds at personal risk to his life, that a case under the Arms Act was registered against those persons and that in the initial special report relating to the said arrest and recovery, the Superintendent of Police, Hissar had observed that the Anti-Dacoity Staff headed by the petitioner had done an excellent job for which they deserved not only to be congratulated but also to be rewarded, and further observed that with the arrest of those proclaimed offenders a curse had been obliterated from the Hissar District. It is also stated by the petitioner that the Superintendent of Police, Hissar sent a Recommendation Roll dated 5th February, 1963 desiring the grant of a Class II Commendation Certificate with a cash reward of Rs. 100/- to the petitioner in recognition of his good work already appreciated by the Inspector General of Police, but that the D.I.G Ambala Range while granting commendation certificates and cash rewards to the other officials accompanying the petitioner, altogether ignored the petitioner though his name was at the top of the roll as he was the head of the party. In reply to this averment, it is stated by the second respondent in his written statement that the petitioner did arrest the two proclaimed offenders and had recovered a Sten gun with two loaded magazines containing 47 live rounds on the night in question from them and also the fact that the Superintendent of Police, Hissar recorded the above-mentioned note and that the D.I.G. Police congratulated the Police party on behalf of the I.G. Police and made an endorsement to the D.I.G. Police, Ambala Range to reward the Police party for the good work done by them. It has also been admitted in the said written statement that it is correct that the petitioner was recommended along with others for the grant of the commendation certificate and a cash reward of Rs. 100/- and that the certificates and the rewards were given to the other members of the party by the second respondent but he had by orders dated 20th March, 1963 directed the withholding of Commendation Certificate and cash reward meant for the petitioner in view of the enquiry in a serious case pending against him.;