- (1.) The present appeal has been filed by the plaintiff who is aggrieved against the concurrent findings of the Courts below whereby, the suit for declaration has been dismissed.
(2.) The suit was filed challenging the disciplinary inquiry proceedings initiated against the plaintiff and the subsequent order of punishment of reduction in rank vide order dated 28.02.2007 from the post of Head Constable to Constable and the adverse remarks recorded on its basis in the Annual Confidential Report of the plaintiff, communicated to him on 19.05.2006. The rejection of the representation of the plaintiff against the same by defendant no. 3 vide letter dated 26.05.2007 was also challenged. The suit was based on the ground that a departmental inquiry was initiated against the plaintiff alongwith co-delinquent with the allegations that while posted at Police Post Sector 17/18, Gurgaon, he colluded with the thieves of the diesel engine who had been caught red handed by him on the night of 08.12.2005. The case of the plaintiff was that the co-delinquent was awarded the punishment of stoppage of three annual increments with cumulative effect whereas he was demoted from the rank of Head Constable to Constable.
(3.) The defendants took various preliminary objections including the lack of jurisdiction of the civil Court and the suit being premature having been filed before exhausting the departmental remedy. It was pleaded in the written statement that the proper procedure had been followed and the relevant documents had been furnished to the plaintiff and opportunity of hearing was granted to him. He was given opportunity to cross examine the witness but he did not lead any evidence and accordingly the punishment was imposed upon him. It was also brought on record that in appeal, the Commissioner of Police, Gurgaon had taken a lenient view and modified the punishment of the plaintiff from reduction in rank to stoppage of three annual increments with permanent effect vide order dated 07.03.2008.;