Augustine George Masih, J. - (1.) Petitioner has approached this Court challenging the order dated 21.8.2006 (Annexure-P-3), passed by the Superintendent of Police, Hisar, vide which after holding a departmental inquiry, the punishing authority has imposed a punishment of stoppage of two increments with cumulative effect. Challenge is also to the order dated 28.4.2011 (Annexure-P-8), passed by the Inspector General of Police, Hisar Range, Hisar, vide which the appeal preferred by the petitioner stands dismissed.
(2.) Counsel for the petitioner contends that present is a case where the punishment has been imposed upon the petitioner by respondent No. 4- Superintendent of Police, Hisar, basing the same upon the inquiry report which has held the petitioner guilty of the allegations made against him on the basis of 'no evidence'. Since there is no evidence against the petitioner in the departmental inquiry, which was held against him, order of punishment and subsequent order passed by the appellate authority cannot sustain.
(3.) On the other hand, counsel for respondents states that the Court has very limited jurisdiction while exercising its extra ordinary power under Article 226 of the Constitution of India and since there is evidence on record in the form of statements made by the departmental officials, which supports the departmental stand even if a complainant has turned hostile, the same will not affect the outcome of the inquiry report. The Court would thus, in such circumstances, not interfere in the findings recorded by the inquiry officer. He further contends that the impugned orders have been passed by the respondents keeping in view the records which do not call for any interference by this Court.;