- (1.) The instant appeal filed under Clause X of the Letters Patent is directed against judgment dated 07.12.2010 rendered by the learned Single Judge holding that no link could be established between enquiry proceedings followed by punishment orders dated 04.09.2010 (P-3) and 04.11.2010 (P-5) and Annual Confidential Report dated 05.08.2010 (P-6) (for short 'ACR'), doubting the integrity of the appellant-petitioner. It is appropriate to mention that the appellant-petitioner had approached this Court by filing a Writ Petition relatable to the instant appeal with a prayer for quashing three months' notice for compulsory retirement dated 18.09.2010 (P- 7) and order of punishment inflicting stoppage of five increments with cumulative effect passed by the appellate authority on 04.11.2010 (P-5). The learned Single Judge on the basis of ACR dated 05.08.2010 (P-6) upheld the notice of three months for compulsory retirement of the petitioner dated 18.09.2010 (P-7) and also repelled the contention that there is connection between ACR recorded on 05.08.2010 (P-6) for the period from 28.08.2009 to 31.03.2010 and the enquiry report which had lead to passing of orders of punishment. However, the learned Single Judge did not express any opinion on the punishment inflicting stoppage of five increments with cumulative effect on the appellant.
(2.) The appellant had been working on the post of Head Constable in respondent-State of Haryana. When he was posted as Head Constable Moharar, P.S. Parao (Ambala), a departmental enquiry was conducted against him alongwith others police officials alleging that he had verified 44 forms of persons unauthorisedly and illegally who were seeking issuance of gate pass for entry of their vehicles in Indian Oil Corporation Depot of Ambala Cantt. The enquiry officer reversed the findings in his eqnuiry report (P-2) against the appellant-petitioner and found him guilty. It is appropriate to mention that a report of Forensic Science Laboratory, Madhuban was also obtained to tally to tally the sample signature of the appellant-petitioner with the signature on 44 forms. A show cause notice was followed by the order of reversion from the post of Head Constable to that of Constable issued on 14.09.2010 (P-5). On appeal the order of reversion was converted to that of stoppage of five increments with cumulative effect on 04.11.2010 (P-5). On the other hand the overall assessment of the appellant-petitioner had also been reflected in ACR dated 05.08.2010 (P-6).
(3.) Mr. Amit Jhanji, learned counsel for the appellantpetitioner has argued that the enquiry report dated 29.06.2010 (P-2) is entirely based on the opinion of Forensic Science Laboratory (for brevity 'FSL') tendered on 11.06.2010. Referring to the report of the Forensic Science Laboratory dated 11.06.2010 (P-8), learned counsel has invited our attention to opinion of the Laboratory at item No. 5 which relates to the appellant-petitioner. According to the aforesaid report, comparison of specimen signatures with the signature on the verification form were found to be incomparable. In other words, the signatures on 44 verification forms were not that of the appellant-petitioner. Charges against the appellant was that he had issued 44 verification forms allowing preparation for passes for entry of vehicles in Indian Oil Depot, Ambala Cantt. It has accordingly been submitted that in the absence of signatures of the appellant-petitioner on the passes for entry into Indian Oil Depot, Ambala Cantt, the charges cannot be deemed to be established as it is case of no evidence. Learned counsel has drawn our attention to the order of the appellate authority dated 04.11.2010 (P-5) wherein the appellate authority, namely, Inspector General of Police, Ambala Range, Ambala Cantt has noted that it was exemptee Head Constable Lal Chand who was indulging in wrong verification and as per report of the FSL and PWs and DWs, there is no direct linkage of the appellant-petitioner. Yet the appellate authority under the garb of exercising power and taking lenient view, inflicted the punishment of stoppage of annual grade five increments with permanent effect by modifying order of reversion from the post of HC to that of Constable.;