IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 224 of 2011 Decided on: 13th July, 2011. Vijay Kumar & others. ..Appellants. Versus State of H.P. and others ..Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner : Mr. S.R. Sharma, Advocate. For the Respondents : Mr. Ankush Dass Sood, Addl. Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) CMP (M) No. 740 of 2011. This is an application for condonation of delay. On going through the affidavit filed in support of the application, we do not find any satisfactory explanation for the delay. Be that as it may. On merits, we find that the appellants are aggrieved by the judgment of the learned Single judge. The issue pertains to the disciplinary proceedings initiated against the police officials. The petitioners were police officials. The allegation was that two accused who were sent with the petitioners, escaped from their custody. A departmental enquiry was constituted. The charges were proved and the punishment of forfeiture of 8 years’ service was imposed. The appeals filed before the two authorities 2 were also rejected. The main contention even in the appeals is that the petitioners should have been given an option to be tried judicially in terms of Rule 16.38 of the Punjab Police Rules. We have also gone through the Rules. The same pertain to the action to be initiated on a complaint received by the competent authority in respect of an offence committed by a police officer. The dereliction of the duty, referred to above, whereby the accused in the custody of the petitioners escaping is not an offence in that way to be tried judicially. The petitioners apparently did not have any grievance with regard to the conduct of the enquiry otherwise that way. There is no merit in the appeal as well. Be that as it may. Since the delay has not been properly explained, the application is dismissed and so also the appeal. (Justice Kurian Joseph), Chief Justice 13th July, 2011. (Justice V.K. Sharma), (tr) Judge. 3