- (1.) This is second appeal by Plaintiff Baljit Singh Constable having failed in both the courts below. The Plaintiff, who is Constable in Punjab Police, was tried for offences under Sections 307 and 397 of the Indian Penal Code and Section 27 of the Arms Act in FIR No. 289 dated 05.09.1997 of Police Station Sadar Jalandhar. However, since the prosecution witnesses: turned hostile in that case, the Plaintiff was acquitted vide judgment dated 14.07.1999 passed by learned Additional Sessions Judge, Jalandhar. Thereafter, Defendant-Respondent No. 3 - Senior Superintendent of Police, Jalandhar initiated disciplinary proceedings against the Plaintiff. Inquiry Officer, however, exonerated the Plaintiff. Defendant No. 3 - disciplinary authority did not agree with the finding of the Inquiry Officer and served show cause notice dated 26.06.2000 on the Plaintiff stating therein reasons for disagreeing with the finding of the Inquiry Officer and also requiring the Plaintiff to show cause as to why punishment of stoppage of two annual Increments with cumulative effect be not imposed on him. The Plaintiff submitted his reply to the show cause notice. Defendant No. 3, vide order dated 06.09.2000, imposed punishment of stoppage of one annual increment with cumulative effect on the Plaintiff. The said punishment was upheld in appeal by Defendant No. 4 (Deputy Inspector General of Police) vide order dated 09.02.2001 and in revision by Defendant No. 5 (Inspector General of Police) vide order dated 10.05.2001. The Plaintiff in the suit challenged the said order being null and void etc. and sought mandatory injunction directing the Defendants to grant all consequential benefits with interest.
(2.) Defendants defended the impugned punishment order, as upheld in appeal and revision. Grounds to challenge the same, as pleaded by the Plaintiff, were controverted by the Defendants. Various other pleas were also raised.
(3.) Learned Civil Judge (Junior Division), Jalandhar, vide judgment and decree dated 09.03.2006, dismissed the Plaintiff's suit. First appeal preferred by the Plaintiff has been dismissed by learned Additional District Judge, Jalandhar, vide judgment and decree dated 03.05.2008. Feeling aggrieved, the Plaintiff has preferred the instant second appeal.;