JUDGEMENT
SANJAY KISHAN KAUL C.J. -
(1.) THE petitioners (i.e. petitioner No.1 Head Constable and
petitioner No.2 Constable) working with the Police Department,
Chandigarh, were on duty on 04.06.2003 at Sector 26, Transport
Light Point, Chandigarh. One Shri Chaman Lal Gupta, resident of
Dera Bassi, alongwith his son Pardeep Gupta was going to P.G.I.
via the said point on his Motor Cycle at 10.15 A.M. when he was
stopped by the traffic police for the offence of crossing the stop line.
The petitioners are alleged to have accepted a bribe of Rs. 100/ - from
the complainants for letting the vehicle go without any challan and
also alleged to have used un -parliamentary language. The
complaint was verified through Inspector I.S.Mann and the
complainants identified the petitioners on the very next day in a
parade held. As per the Duty Roster, it was these officials who were
at the duty spot.
(2.) THE aforesaid incident resulted in departmental enquiry
where evidence was led and opportunity given to cross -examine the
witnesses. The Enquiry Officer in terms of the enquiry report dated
against them. The Disciplinary Authority issued a notice to them as
to why punishment of stoppage of two annual increments with
permanent effect be not imposed upon them. The petitioners
submitted a reply. The Disciplinary Authority took a lenient view in
the matter and awarded punishment by reducing it to stoppage of
one annual increment with permanent effect in terms of the order
dated 08.06.2004.
The petitioners preferred an appeal before the Inspector
General of Police which was dismissed on 29.07.2004 and the
revision petition before the Home Secretary, Union Territory
Administration, Chandigarh also received the same fate on
26.07.2005.
(3.) THE petitioners thereafter filed Original Application No.
966 -CH -2005 before the Central Administrative Tribunal, Chandigarh Bench, Chandigarh which was dismissed on
10.07.2007. It is this order which is assailed before us in the present writ petition filed under Article 226 of the Constitution of
India.;
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