Decided on May 03,1979

Shri Bhagat Ram Appellant
Inspector General Of Police, Himachal Pradesh And Others Respondents


T.U. MEHTA, J. - (1.) The Petitioner, Bhagat Ram, was recruited as a police contable on 27-4-1955 and thereafter he was promoted as Head Constable on 8-5-1965. He continued to serve as Head Constable thereafter for some time.
(2.) On 20-9-1967, the Petitioner was working as Head Constable in 1st H.P. S.S.B. Battalion. A Company Section 2 at a place known as Deorighat in Iv ahasu district. It is the allegation of the Department that on that day, the Petitioner left his camp at about 1.30 P.M. and went to the camp of Head Constable Gopal Singh at village Bh and al. It is said that at that time the Petitioner and Head Constable Gopal Singh chalked out a programme to go out of taking illicit liquor. Both of them took Surat Ram Constable with them as orderly and went to village Shil which was at the time a dry area. The Petitioner is said to have procured illicit liquor and consumed the same and stayed along with his colleague Gopal Singh at the house of one Shyam Singh. It is further alleged that after they left the house of Shyam Singh, they quarrelled with their orderly Surat Ram and during the course of that quarrel Surat Ram was beaten. The case of the Department is that the Petitioner and Head Constable Gopal Singh had excessive drink as a result of which they quarrelled and belaboured Surat Ram. Since they were under the influence of drink, they could not reach their camp till the morning of 21-9-1967. Surat Ram made the compliant of the behaviour the Petitioner and his colleague Gopal Singh. Thereafter preliminary enquiry was made by the Respondent No. 2 and then the Petitioner and Gopal Singh were regularly charge-sheeted. They pleaded guilty to the charge with the result that Respondent No. 3, who was authorised to conduct the enquiry, found him guilty and proposed and recommended a lenient punishment in view of the fact that the Petitioner had "a courage to make an admission of his guilty". Thereafter one N.R. Grover, who was the Comm and ant and was also holding the position of Superintendent of Police, passed the final order is found at Annexure 'B' and punished the Petitioner with "forfeiture of approved service for one year permanently both for the purpose of increment as well as for pension". This order was passed on 18-1-1968. This final order was passed after issuing a second show cause notice for awarding the punishment in question.
(3.) Thereafter on 31-5-1968 the Inspector-General of Police appears to have proposed to review of the order of punishment awarded to the Petitioner under Police Rule 16.28 as applied to Himachal Pradesh and issued a show cause notice to the Petitioner as found at Annexure 'E' calling upon him to show cause why the punishment awarded to him should not be enhanced to that of dismissal from service looking to the gravity of the charges proved against he Petitioner. After the Petitioner showed cause, the Inspector-General of Police passed the order found at Annexure 'F' on 25-9-1968 awarding the enhanced penalty of reversion of the Petitioner to the rank of Constable from the frank of Head Constable. The Petitioner thereafter filed a mercy petition to the Inspector-General of Police but the same was rejected on 16-7-1969 as found at Annexure 'H'.;

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