Augustine George Masih, J. - (1.) Petitioner has approached this Court with a grievance that punishment of stoppage of two future increments with permanent effect has been awarded to him vide order dated 13.12.2007 (Annexure P-7) by the Superintendent of Police, Panipat, which is in violation of Rule 16.38 (1) of the Punjab Police Rules, 1934 (hereinafter referred to as '1934 Rules') as applicable to the State of Haryana and Rule 16.24 (iii) (viii) of the said Rules. Challenge has also been posed to the order dated 07.04.2008 (Annexure P-9) dismissing the statutory appeal of the petitioner by the Inspector General of Police, Rohtak Range, Rohtak and order dated 09.10.2009 (Annexure P-11) dismissing the revision petition of the petitioner by the Director General of Police, Haryana.
(2.) Counsel for the petitioner contends that the petitioner was deputed in City Traffic, Panipat on 10.09.2007 and was assigned the duty of getting the service of Government Motorcycle No. HR-06- K/8098. He went to Balaji Automobiles, Gohana Road, Panipat for the said purpose at 9 A.M. on 10.09.2007 and came back at 5.30 P.M. after getting the service done. Prior thereto, petitioner, who is a Constable, was posted as Driver of the Gypsy on the Samalakha Highway Police Station and he came into contact with one Joginder Singh, R/O Jaurasi, who used to drive his Gypsy and developed cordial relations with him. Another person, namely, Dharminder, R/O Nodia, who was also a Driver and was parking his vehicle at the same stand, took Rs. 5,000/- from Joginder as loan about two months ago. On 10.09.2007, Dharminder called Joginder in Village Siwah for getting money where a quarrel took place between Joginder and Dharminder. At that time, one woman, two young girls and two children were sitting in the Indica car of Dharminder. Dharminder fled by racing his car. Joginder, who had good relations with Balbir Singh-petitioner, informed about this tiff, who was wearing a civil dress and without informing his senior officers, used the Government Motorcycle and followed the car on this motorcycle, which was pillion ridden by Joginder Singh. They overtook the Indica Car and stopped his motorcycle in front of the car at Share-Punjab Dhaba, District Karnal and misbehaved with the women and the driver seated in the car and introduced himself as Police Officer misusing his position. Public gathered there. Seeing this, Joginder Singh ran away from the spot but the petitioner and the motorcycle was caught by the public and handed over to the PCR Police Station, Gharaunda. For this act on the part of the petitioner, a charge-sheet was issued, wherein allegations were that the petitioner, by this act being member of the disciplined force, has misused his position as well as the Government motorcycle by following the Indica car only for the personal benefit of a person. Another allegation, which was levelled against the petitioner, was that to hide this mistake, he made false entry in the log book and in connivance with the shopkeeper of Balaji Automobiles, Gohana Road, Panipat where he had got the motorcycle serviced, obtained a false repair bill of the motorcycle and committed misconduct. On checking of the records and on going through the bill book of the Balaji Automobiles, it was found that as per receipt No. 123, the bill for Rs. 365/- was issued in the name of Superintendent of Police, Panipat, for servicing motorcycle No. HR- 06-H-9714. As per receipt No. 125 dated 11.09.2007, a bill for Rs. 270/- was issued in the name of Superintendent of Police, Panipat for repair of motorcycle No. HR-06-K-8083 but the type of vehicle was not entered in the receipt whereas the receipt submitted by the petitioner is numbered as 126 issued on 10.09.2007, which cannot be so as receipt No. 125 was issued on 11.09.2007. This showed that the petitioner had obtained false bill to defend himself. This act of the petitioner tarnished image of the police in the eyes of the general public.
(3.) On these allegations, a departmental enquiry was conducted against the petitioner by the Deputy Superintendent of Police, Head Quarters, Panipat, who submitted his report on 08.10.2007. On the basis of the enquiry, a charge-sheet was issued to the petitioner dated 27.10.2007 (Annexure P-2) to which, petitioner submitted his reply dated 12.11.2007 (Annexure P-3). The Enquiry Officer submitted his final enquiry report on 14.11.2007 (Annexure P- 4). Thereafter, petitioner was issued a show cause notice dated 14.11.2007 (Annexure P-5), wherein the punishing authority tentatively agreed with the findings recorded by the Enquiry Officer proposing punishment to be imposed upon the petitioner. Petitioner submitted a detailed reply to this notice on 30.11.2007 (Annexure P- 6).;