IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.8857 of 2010 Sushil Kumar Vs. State of Haryana & others Present: Mr.Shiv Kumar, Advocate, for the petitioner. ***** RANJIT SINGH, J. The petitioner, who is a Constable in Police Department, was accused of slapping a foreigner, named, Maung Maung Kyi of Myanmar without any reason. The petitioner was accompanying ASI Balbir Singh, when they both found Qualis Jeep trapped in iron barricade fixed to prevent heavy vehicles entry. Five foreigners were standing while the driver of the vehicle was unloading suitcases from the roof of the Qualis Jeep. The petitioner at that stage is accused of having slapped the foreigner, named above. On the basis of a complaint made by ASI, the petitioner was proceeded against and ultimately imposed the punishment of stoppage of one increment with cumulative effect. His appeal was rejected and hence has filed the present writ petition before this court. Counsel for the petitioner submits that it was ASI Balbir Singh, who had in fact misbehaved with the foreigner and in order to save himself has falsely involved the petitioner in this case. The petitioner got an opportunity to prove his innocence before the Enquiry Officer. Merely because the complainant was not interested in pursuing the complaint would not be a reason to ignore the misconduct committed by the petitioner at a public place. The petitioner is a public servant and a police officer. He cannot be expected to behave in a manner with a person happened to be a foreigner. No case for interference on re-appreciation of evidence is made out. Otherwise, no infirmity in the enquiry is pointed out, which would call for interference. Dismissed. July 27, 2010 ( RANJIT SINGH ) ramesh JUDGE