Chaman Lal Saraf (Dead)By Lrs. & Ors vs State Of Haryana & Ors

1. The present Crl. M.P. No. 10148 of 2013 in S.L.P. (Crl.) No. 2238 of 1995 has been filed by the applicant on 03.04.2013 seeking clarification of the order dated 03.11.2003 passed by this Court in Crl. M.P. No. 8421 of 2003 in S.L.P. (Crl.) No. 2238 of 1995, vide which the said Misc. Petition was dismissed with costs and this Court did not grant permission to reinstate the applicant Ramphal.

3. The relevant facts, necessary to decide the present application, are as under:-

4. Mr. Ramphal, applicant was enrolled as Constable in Haryana Police on 1.6.1963 and subsequently he got promotions. On 9.4.1992, he was promoted to the rank of Inspector due to his outstanding work and performances.

5. On 25/26.6.1992, when the applicant was posted as Inspector, Station House Officer of Police Station, City Kaithal, it has been alleged that the applicant alongwith other police officials illegally detained and gave beating to one Chaman Lal Saraf, Ex-M.L.A., and his son Indresh Kumar, (Petitioner Nos. 1 and 2 in S.L.P.(C) No. 2238 of 1995). An Enquiry Commission headed by Shri O.P. Gupta, District & Sessions Judge, Kurukshetra was appointed by the State Government to make an enquiry into the said matter. The said Commission of Enquiry enquired into the allegation of illegal detention and torture of Mr. Chaman Lal Saraf and his son Mr. Indresh Kumar on the night of 25/26.6.1992 by the applicant and Kaithal Police. The Commission of Enquiry submitted its report on 31.7.1993 and recorded a finding that there was an illegal detention and torture of Mr. Chaman Lal Saraf and his son.

6. On the basis of the aforesaid report of the Commission of Enquiry, a departmental enquiry was ordered to be held against the applicant which was conducted by Shri Vishal Singh, D.S.P. Panchkula. In the departmental enquiry also, the applicant was found guilty.

7. In the year 1994, not feeling satisfied with the report of the Commission of Enquiry, Shri Chaman Lal Saraf and his son filed a Writ Petition being C.W.P. No. 9899 of 1994 in the High Court praying for issuance of directions to the respondents to hold an independent enquiry through C.B.I. into the alleged incident which took place on 25/26.6.1992. The High Court, vide order dated 13.2.1995, dismissed the said writ petition. Being not satisfied with the dismissal of the aforesaid writ petition, Petitioner Nos.1 and 2 filed S.L.P. (Crl.) No.2238 of 1995 in this Court.

8. On 24.2.1996, the Dy. Inspector General of Police, Rohtak Range, Rohtak issued a show cause notice to Mr. Ramphal, applicant, as he was found guilty in the Departmental Enquiry, which was conducted in pursuance to the report dated 31.7.1993 submitted by the Commission of Enquiry. A reply to the show cause notice was submitted by the applicant on 6.3.1996. The Dy. Inspector General of Police, Rohtak Range, Rohtak vide order dated 29.3.1996, reverted the applicant from the rank of Inspector to that of Sub-Inspector. The Director General of Police, Haryana, suo-moto summoned the record and vide its order dated 27.4.1996, dismissed the applicant from the services.

9. On 5.5.1996, the applicant filed C.W.P. No. 6675 of 1996 in the High Court of Punjab & Haryana, challenging the aforesaid orders dated 29.3.1996 and 27.4.1996 passed by the Dy. Inspector General, Rohtak Range, Rohtak and Director General of Police, Haryana, respectively, whereby the applicant was reverted from the post of Inspector to Sub- Inspector and thereafter dismissed from the services.

11. The High Court of Punjab & Haryana allowed the C.W.P. No. 6675 of 1996 vide its order dated 8.12.1997 and set aside the order of dismissal passed against the applicant. Against the aforesaid order of the High Court, the State of Haryana filed Letters Patent Appeal before the Division Bench of the High Court. The Division Bench did not grant any stay of the order dated 8.12.1997.

12. The applicant filed contempt petition as the respondents did not comply with the order dated 8.12.1997 passed by the High Court of Punjab & Haryana in C.W.P. No. 6675 of 1996. Thereafter, in compliance of the aforesaid order, the applicant was taken back in the services.

14. On 11.12.2000, during the pendency of the aforesaid C.W.P. No.6675 of 1996, the State of Haryana, in pursuance to the representation submitted by the applicant, withdrew the orders dated 29.3.1996 and 27.4.1996 which were the subject matter of the said writ petition. On 26.12.2000, the applicant was taken back in service and was further promoted to the rank of D.S.P. The applicant as a result of his reinstatement was also paid arrears of salary and consequential benefits for the period for which he remained out of service.

16. During the pendency of the C.W.P. No.6675 of 1996, the applicant reached the age of superannuation and retired from services. On 9.12.2002, the High Court of Punjab & Haryana allowed the C.W.P. No.6675 of 1996 filed by the applicant. The operative part of the order is reproduced as under:-

"xxx xxx xxx xxx xxx xxx xxx The writ petition was admitted on 2.8.1996 and came up for final hearing before the learned Single Judge of this Court and was allowed on 08.12.1997. Against the said order, Letters Patent Appeal No. 270 of 1998 was filed before this Court, which was heard on 10.11.1998. The case was then remanded to the Single Judge by observing that the writ petition was decided on a single question that was agitated. Since the petitioner had raised some other submissions, he was given liberty to urge the same before the Single Judge and direction was issued to list the writ petition before the Single Judge, accordingly. When the matter was placed before the learned Single Judge, he noticed as can be seen from order dated 17.8.2001 that the petitioner had been convicted and sentenced for one year rigorous imprisonment for offences under Sections 323/342 of the Indian Penal Code for the same incident which had led to order of his dismissal. The petitioner had then filed a criminal appeal against the said judgment, which was pending before this Court. Learned Single Judge, thereafter, ordered that the case be re-listed only after the decision of the criminal appeal. The writ petition was, accordingly, adjourned sine-die.

13. On 10.11.1998, the Division Bench of the High Court allowed the Letters Patent Appeal and set aside the order dated 8.12.1997 and remanded the matter to the learned Single Judge for deciding the writ petition afresh. On 15.1.1999, the applicant was again dismissed from the service.

With the said observations these Crl. M.Ps have been disposed of."

"xxx xxx xxx xxx xxx xxx xxx In the light of the aforesaid factual position and in view of the fact that the Government itself has admitted in its order dated 11.12.2000 that the impugned orders had been passed in violation of the service rules, I am of the view that the impugned order dated 29.3.1996 and 27.4.1996 cannot be sustained. They are accordingly quashed. Since the petitioner has already retired, the respondents are directed to compute the consequential benefits due to the petitioner under the service rules and pay the same to him within three months from the date on which a certified copy of this order is made available to them."

Since the petitioner has already retired, the respondents are directed to compute the consequential benefits due to the petitioner under the service rules and pay the same to him within three months from the date on which a certified copy of this order is made available to them."

In this view of the matter, this lis raised by the petitioner, cannot be gone into in the present writ petition. It would be appropriate for the petitioner to approach the Hon'ble Supreme Court if he is left with any grievance. Otherwise also, I have not been able to find any merit in the plea raised by the petitioner."

Submissions

In view of the above, there could not have been any occasion for the applicant to challenge his removal from service and therefore, the revival of the writ petition itself was incorrect.

35. In the light of the foregoing, Criminal Miscellaneous Petition No.10148 of 2013 is dismissed with costs.

.........................................J (M.Y. EQBAL) ..........................................J (PINAKI CHANDRA GHOSE) NEW DELHI;

DECEMBER 03, 2014.