J. M. Tandon, J. - (1.) Head Constable Gopi Chand petitioner was posted at Police Station Khaul on Jan. II, 1976. He was charged depart-mentally for having giving slaps and kick blows to Parbhati Harijan, under the influence of liquor in village Balwari on that date The Superintendent of Police, Narnaul, consequently awarded him the punishment of stoppage of two increments - vide his order dated April 8, 1977. The petitioner preferred an appeal which was dismissed by the Deputy Inspector General of Police, Hissar Range, vide order dated Aug. 2, 1977 (P. 2). The last paragraph of this order reads:- "The appellant committed grave misconduct in being under the influence of liquor on duty and in giving beating to a poor Harijan without any reason and ryhme, which created an ugly scene in the village and lowered down the image of a disciplined force. I am provisionally of the view what the punishment awarded to him is too lenient. A show cause notice giving him an opportunity of showing cause personally and in writing as to why the punishment should not be enhanced to that of dismissal, is being issued to the appellant."
(2.) On the same date (8-8-1977), the Deputy Inspector General of Police, Hissar Range, issued a show cause notice (P. 3) in the terms of the last paragraph of P. 2 to the petitioner. The petitioner has challenged this show cause notice in the present writ being ultra vires the D.I.G. on the ground that after having dismissed the appeal filed by him (petitioner) he could not exercise his power to enhance the punishment. The petitioner has also imputed mala fides on respondent No. 2 who has issued the impugned notice P. 3.
(3.) Respondent No. 2 in his written statement has denied the allegation of mala fides. Respondents Nos. 1 and 3 in their separate written statement have denied that the D.I.G. could not issue the show cause notice (P. 3) for enhancement of the punishment to the petitioner after having dismissed the letter's appeal against the order of the Superintendent of Police, Narnaul.;