R.S.A.No. 4652 of 2010 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh R.S.A.No. 4652 of 2010 (O&M) Date of decision: 6.1.2011 State of Haryana and others ......Appellants Versus Head Constable Dilbag Singh .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Ajay Gulati, DAG, Haryana for the appellants. **** SABINA, J. Plaintiff had filed a suit for declaration challenging the order dated 31.8.2004, whereby his one increment was stopped without cumulative effect and order dated 3.1.2006, whereby his three increments were stopped with permanent effect and plaintiff also filed a suit for permanent injunction restraining the defendants from implementing the said order. The suit filed by the plaintiff was dismissed by the trial Court vide judgment and decree dated 4.6.2009. Aggrieved by the same, the plaintiff preferred an appeal. The said appeal was partly allowed by Additional District Judge vide R.S.A.No. 4652 of 2010 (O&M) 2 judgment and decree dated 4.6.2010. The order dated 3.1.2006, whereby three annual increments of the plaintiff were stopped with permanent effect was set aside, whereas, the order dated 31.8.2004, whereby one annual increment of the plaintiff was stopped was upheld. Hence, the present appeal by the State. Brief facts of the case, as noticed by the lower appellate Court in para Nos. 3 and 4 of its judgment, are as under:- “3. The appellant had maintained that he is posed at Police Post new Anaj mandi Kaithal and while he was posted with police station Guhla on 31.5.2003, the allegations were levelled against him that during the course of his duty he had consumed liquor and to avoid medical examination he left the police station and Rapat No.25 dated 31.5.2003 was entered in the register in this regard. The departmental enquiry was thereafter conducted against the appellant and in the departmental enquiry the appellant was exonerated of the charges by the enquiry Officer. However, Superintendent of Police kaithal disagreed with the findings of the enquiry officer and awarded punishment of stoppage of one annual increment without cumulative effect vide his order dated 31.8.2004. a show notice was thereafter issued by SP Kaithal to the appellant calling upon the explanation of the appellant that why his suspension period may not be R.S.A.No. 4652 of 2010 (O&M) 3 treated as it is and nothing more should be paid except the subsistence allowances to the appellant. The appellant filed an appeal against the order of SP Kaithal before Inspector General of Police Ambala Range, but the said appeal was dismissed. The appellant filed a second appeal before Director General of Police, Haryana praying for setting aside the order of the SP Kaithal, but instead of setting aside the punishment awarded by SP Kaithal, the Director General of Police, Haryana enhanced the punishment from stoppage of one annual increment without cumulative effect to the extent of stopping three annual increments with permanent effect. Both the orders have been questioned on various grounds by alleging that the orders passed by punishing authority are illegal and biased. The intervention of the court was sought for dispensing of notice under Section 80 CPC by submitting that the matter was of urgent nature. 4. On notice being given, the suit was contested by the defendants/ respondents by submitting that the suit was bad on account of non-joinder of necessary parties in as such as inspector General of Police Ambala Range, Ambala was not impleaded as party. The suit was stated to be without cause of action and not maintainable. It R.S.A.No. 4652 of 2010 (O&M) 4 was submitted that the respondents had acted strictly as per norms and rules. The suit was stated to be not properly valued for the purposes of court fee and jurisdiction. Rest of the averments were denied and a prayer was made for dismissal of the suit.” On the pleadings of the parties, following issues were framed by the trial Court:- “1.Whether the plaintiff is entitled to a decree for declaration and permanent injunction sought ? OPP 2. Whether the suit is not maintainable? OPP 3. Whether the plaintiff has no cause of action to file the present suit? OPD 4. Whether the civil court has got no jurisdiction to try and entertain the present suit ? OPD 5. Whether the suit is not properly valued for the purpose of court fee and jurisdiction ? OPD 6. Relief.” After hearing learned counsel for the appellant, I am of the opinion that the present appeal is devoid of any merit and deserves dismissal. Plaintiff was working as a Head Constable in police station Guhla. The allegations against the plaintiff were that on 31.5.2003, he had consumed liquor while on duty and had fled away R.S.A.No. 4652 of 2010 (O&M) 5 from the police station in order to avoid medical examination. In a departmental enquiry, the plaintiff was exonerated of the charges levelled against him by the enquiry officer. However, the punishing authority disagreed with the enquiry report and ordered that one annual increment of the plaintiff be stopped without cumulative effect vide order dated 31.8.2004. Against the said order, plaintiff preferred an appeal and the same was dismissed by Inspector General of Police, Ambala. In revision filed by the plaintiff, Director General of Police, Haryana enhanced the punishment of stoppage of one annual increment without cumulative effect to stoppage of three annual increments with permanent effect. Learned Additional District Judge has rightly held that revision was filed by the plaintiff challenging order whereby his one annual increment had been stopped without cumulative effect. State had not sought enhancement of punishment imposed on the plaintiff. In these circumstances, the revisional authority could have either accepted the revision petition or dismissed the same but could not have enhanced the punishment in the absence of any revision filed by the State seeking the said relief. No substantial question of law arises in this regular second appeal, which would warrant interference by this Court. Accordingly, the same is dismissed. (SABINA) JUDGE January 06, 2011 anita