Civil Writ Petition No.16726 of 2009 : 1 : IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: November 03, 2009 L/ASI Santosh Kumari ...Petitioner VERSUS The State of Haryana & others ...Respondents CORAM: HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.R.N.Lohan, Advocate, for the petitioner. ***** RANJIT SINGH, J. The petitioner having been promoted as Assistant Sub Inspector on 1.9.2001 claims to have maintained always good record throughout her service career. On 2.12.2008, a complaint was made by one Rameshwar son of Indraj Singh for which FIR No.525 under Section 406 IPC was registered against the petitioner at Police Civil Writ Petition No.16726 of 2009 : 2 : Station, Fatehabad. After investigation, cancellation report was submitted in the court of Chief Judicial Magistrate, Fatehabad on 19.9.2009, which was accepted. The petitioner claims that on the basis of this allegation, an adverse entry into her confidential record was recorded on 8.7.2009 doubting her honesty and integrity and also her reliability. On the basis of these adverse remarks, on 23.7.2009 the petitioner was also served a notice for her retirement from service on expiry of three months. The petitioner had submitted a representation against the adverse remarks, which has also been rejected. Copy of the order rejecting the representation has also been placed on record. In the meantime, departmental proceedings were also initiated against the petitioner, which has ultimately led to award of stoppage of three future annual increments with temporary effect. Counsel for the petitioner would contend that punishment awarded to the petitioner pursuant to the departmental proceedings and the allegations made in the FIR arose out of the same incident and as such could not have been taken into consideration for retiring the petitioner, especially so when the cancellation report was filed in the criminal case and which has since been accepted. While rejecting the representation filed by the petitioner, it is noticed that the Reporting Officer had found fault with the representationist which he has detailed in his comments. As per the Reporting Officer, adverse remarks were recorded on the basis of facts and his personal observation. The departmental enquiry, which was held against the petitioner, can also not said to be for the same incident for which the FIR was recorded against the petitioner. FIR was Civil Writ Petition No.16726 of 2009 : 3 : recorded for an offence under Section 406 IPC. Considering the nature of allegations made in the FIR, this offence may not be made out against the petitioner as she had mediated in between the persons which led the payment of Rs.3,50,000/- from Rameshwar son of Indraj Singh. The misconduct alleged against the petitioner for which she has been awarded punishment is not for misappropriation but for playing a role of mediator. This is clear from Annexure P-7, show cause notice issued to the petitioner after enquiry. An enquiry has duly been held and the petitioner has been found blameworthy for the charge preferred against her. Petitioner being a public servant could not have played role of mediator. She has, therefore, misconducted herself. The show cause notice issued to the petitioner was for dismissal from service and taking into consideration the plea raised by the petitioner, she has only been punished with forfeiture of three annual increments that too without future effect. This punishment as well as adverse remarks obviously, thus, can be taken into consideration for seeing that she is suitable for further retention in the service or not. The order of punishment is not under challenge in the present writ petition. Counsel says that the petitioner has a right of appeal against the same. In view of the above, no case for interference is made out. The writ petition is dismissed. November 03, 2009 ( RANJIT SINGH ) ramesh JUDGE