M.Y. Eqbal, J. - (1.) IN this writ application the petitioner has prayed for issuance of a writ of certiorari for quashing the order dated 5.8.2002 passed by respondent No. 4 Deputy Inspector General of Police, North Chotanagpur Region, Hazaribagh, whereby while setting aside the punishment of dismissal of the petitioner, substituted the punishment by stopping his annual increments for the next 15 years.
(2.) PETITIONER who was in the service of the respondents as a Constable was suspended vide order dated 29.2.2002 and the departmental proceeding was initiated after holding departmental inquiry and on the basis of the report of the Inquiry Officer, petitioner was asked second show cause which was submitted by him. Finally respondent No. 5 Superintendent of Police, Giridih dismissed the petitioner from his service vide order dated 18.3.2002. Petitioner as per the provisions of the Police Manual preferred appeal before respondent No. 4 who is the appellate authority. The appellate authority after considering the facts of the case and after hearing the petitioner set aside the order of dismissal of the petitioner from service but substituted the punishment by stopping his annual increments for the next 15 years with a direction that that this should be effective on the enhancement of salary of the petitioner in future. Mr. K.K. Jha, "Kamal", learned counsel for the petitioner assailed the impugned order of the appellate authority as being unreasonable, excessive and disproportionate to the offence committed by him, if any. Learned counsel drawn my attention to the relevant provisions of the Police Manual by which service condition of the petitioner is governed and submitted that there is no provision for withholding 15 annual increments at one time and the said order is mala fide, arbitrary and without application of mind.
(3.) ON the other hand, learned J.C. to learned Advocate General submitted that the impugned order of appellate authority withholding 15 increments is reasonable and fully justified in view of the charges levelled against the petitioner. Learned counsel submitted that the appellate authority is fully empowered under Rule 825 of the Police Manual to impose any punishment and there is no bar in passing order of punishment by stopping 15 increments.;