RSA-176-2016 1 IN THE HIGH COURT OF PUNJAB & HARYANA Jagdish State of Haryana and ors CORAM: HON'BLE MR Present: Mr. for the Mr. **** SUDEEPTI SHARMA J. 1. The present regular second appeal is and decree dated whereby the civil suit filed by the appellant was dismissed and the judgment and decree dated 28.08.2015 whereby the appeal filed by the appellant learned Addl. District Judge, Narnaul 18.09.2014 passed by learn 2. Brief facts of the case are that the appellant as Constable and with the passage of time, he was promoted to the post of Assistant Sub Inspector inquiry was conducted against Superintendent of Police, in connection with an application dated 05.11.2009 by one M Sultan Singh. After conducting 22.03.2012, punishment was imposed upon the appellant. He challenged the IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH RSA-176- Date of Decision vs. State of Haryana and ors. HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Mr. Sandeep Kumar Yadav, Advocate for the appellant. Mr. Manish Dadwal, AAG, Haryana **** SUDEEPTI SHARMA J. he present regular second appeal is and decree dated 18.09.2014 passed by learned Civil Judge (Jr. Divn.) whereby the civil suit filed by the appellant was dismissed and the judgment and decree dated 28.08.2015 whereby the appeal filed by the appellant learned Addl. District Judge, Narnaul against the judgment 18.09.2014 passed by learned Civil Judge (Jr. Divn.), Narnaul, was dismissed. Brief facts of the case are that the appellant as Constable and with the passage of time, he was promoted to the post of Assistant Sub Inspector. In the month of November, 2009 nquiry was conducted against the appellant at the be uperintendent of Police, Narnaul for the allegations of derelictions of his duties in connection with an application dated 05.11.2009 by one M n Singh. After conducting inquiry, vide order , punishment was imposed upon the appellant. He challenged the IN THE HIGH COURT OF PUNJAB & HARYANA -2016 (O&M) Date of Decision: 31.07.2025 ......Appellant …..Respondents SUDEEPTI SHARMA , Advocate AG, Haryana he present regular second appeal is preferred against the judgment passed by learned Civil Judge (Jr. Divn.),Narnaul whereby the civil suit filed by the appellant was dismissed and the judgment and decree dated 28.08.2015 whereby the appeal filed by the appellant before against the judgment and decree dated ed Civil Judge (Jr. Divn.), Narnaul, was dismissed. Brief facts of the case are that the appellant joined Haryana Police as Constable and with the passage of time, he was promoted to the post of n the month of November, 2009, a departmental at the behest of the erstwhile Narnaul for the allegations of derelictions of his duties in connection with an application dated 05.11.2009 by one Manohar Lal son of nquiry, vide orders dated 07.05.2010 and , punishment was imposed upon the appellant. He challenged the judgment Narnaul whereby the civil suit filed by the appellant was dismissed and the judgment and before decree dated joined Haryana Police as Constable and with the passage of time, he was promoted to the post of departmental erstwhile Narnaul for the allegations of derelictions of his duties Lal son of dated 07.05.2010 and , punishment was imposed upon the appellant. He challenged the Gaurav Arora 2025.08.20 19:06 I attest to the accuracy and integrity of this document RSA-176-2016 2 same by filing civil suit before learned Civil Judge (Jr. Divn.), Narnaul, who dismissed the same vide he filed appeal before learned Addl. District Judge, Narnaul judgment and decree dated 18.09.2014 passed by learned Civil Judge (Jr. Divn.), Narnaul, which was also dismissed. Hence, the present 3. Learned counsel for the appellant contends that both the Courts failed to appreciate the evidence on record while deciding the civil suit and while dismissing the appeal filed by the appellant. not take into consideration principles of natural justice were not followed. present appeal be allowed. 4. Per contra, learned counsel for the of judgment and Divn.), Narnaul and judgment and decree dated 28.08.2015 passed by Addl. District Judge, Narnaul dismissed. 5. I have heard learned counsel for the parties and perused the whole record of this case with their able assistance. 6. A perusal of the record shows that the appellant was issued show cause notice dated 05.04.2010 about dereliction of duties committed by the appellant for taking prompt legal action on the complaint 2009. He was given show cause notice calling for explanationas to why punishment of dismissal from service be not inflicted upon him. 7. A perusal of the record further shows that principle justice were followed by the Inquiry Officer same by filing civil suit before learned Civil Judge (Jr. Divn.), Narnaul, who dismissed the same vide its judgment and decree dated 18.09.2014. Thereafter, he filed appeal before learned Addl. District Judge, Narnaul judgment and decree dated 18.09.2014 passed by learned Civil Judge (Jr. Divn.), , which was also dismissed. Hence, the present Learned counsel for the appellant contends that both the Courts failed to appreciate the evidence on record while deciding the civil suit and while dismissing the appeal filed by the appellant. not take into consideration the very fact that while passing the impugned orders, principles of natural justice were not followed. present appeal be allowed. Per contra, learned counsel for the of judgment and decree dated 18.09.2014 passed by learned Civil Judge (Jr. Divn.), Narnaul and judgment and decree dated 28.08.2015 passed by Addl. District Judge, Narnaul. He, therefore, prays I have heard learned counsel for the parties and perused the whole record of this case with their able assistance. A perusal of the record shows that the appellant was issued show dated 05.04.2010, which is Exhibit P5 about dereliction of duties committed by the appellant for taking prompt legal action on the complaint moved by one Manohar Lal in the month of November, . He was given show cause notice calling for explanationas to why ment of dismissal from service be not inflicted upon him. A perusal of the record further shows that principle followed, since the appellant was granted full opportunity nquiry Officer, during inquiry proceedings to cross examine all the same by filing civil suit before learned Civil Judge (Jr. Divn.), Narnaul, who and decree dated 18.09.2014. Thereafter, he filed appeal before learned Addl. District Judge, Narnaul against the judgment and decree dated 18.09.2014 passed by learned Civil Judge (Jr. Divn.), , which was also dismissed. Hence, the present regular appeal. Learned counsel for the appellant contends that both the Courts failed to appreciate the evidence on record while deciding the civil suit and while dismissing the appeal filed by the appellant. Further, both the Courts did that while passing the impugned orders, principles of natural justice were not followed. He, therefore, prays that the respondents argues on the lines decree dated 18.09.2014 passed by learned Civil Judge (Jr. Divn.), Narnaul and judgment and decree dated 28.08.2015 passed by learned prays that the present appeal be I have heard learned counsel for the parties and perused the whole record of this case with their able assistance. A perusal of the record shows that the appellant was issued show , which is Exhibit P5 containing the full facts about dereliction of duties committed by the appellant for taking prompt legal by one Manohar Lal in the month of November, . He was given show cause notice calling for explanationas to why ment of dismissal from service be not inflicted upon him. A perusal of the record further shows that principles of natural since the appellant was granted full opportunity of hearing nquiry proceedings to cross examine all the same by filing civil suit before learned Civil Judge (Jr. Divn.), Narnaul, who and decree dated 18.09.2014. Thereafter, against the judgment and decree dated 18.09.2014 passed by learned Civil Judge (Jr. Divn.), Learned counsel for the appellant contends that both the Courts failed to appreciate the evidence on record while deciding the civil suit and Further, both the Courts did that while passing the impugned orders, He, therefore, prays that the respondents argues on the lines decree dated 18.09.2014 passed by learned Civil Judge (Jr. learned al be A perusal of the record shows that the appellant was issued show containing the full facts about dereliction of duties committed by the appellant for taking prompt legal by one Manohar Lal in the month of November, . He was given show cause notice calling for explanationas to why of natural of hearing nquiry proceedings to cross examine all the Gaurav Arora 2025.08.20 19:06 I attest to the accuracy and integrity of this document RSA-176-2016 3 witnesses. Further he was granted full opportunity to adduce his defence. As per record, while conducting disciplinary proceedings, principle natural justice have been followed. Rather Ex P4 refle order in revision, D by awarding punishment only increments with permanent effect. 8. Therefore, there is nothing on record to natural justice were not followed and rightly been dismissed by judgment and decree dated 18.09.2014 District Judge, Narnaul by dismissing judgment and decree dated 9. In view of the above, and decree dated 18.09.2014 passed by learned Civil Judge (Jr. which is upheld by learned Addl. District Judge, Narnaul, vide judgment and decree dated 28.08.2015 dismissed. 10. Parties are left to bear their own costs. Decree sheet be prepared accordingly. 11. Pending application (s) if any also stands disposed of. July 31, 2025 Gaurav Arora witnesses. Further he was granted full opportunity to adduce his defence. As per record, while conducting disciplinary proceedings, principle natural justice have been followed. Rather Ex P4 refle order in revision, Director General of Police had mitigated harsh by awarding punishment only of stoppage of two increments with permanent effect. Therefore, there is nothing on record to natural justice were not followed and the civil suit filed by the appellant has rightly been dismissed by learned Civil Judge (Jr. Divn.), Narnaul, vide judgment and decree dated 18.09.2014, which was upheld by learned Addl. trict Judge, Narnaul by dismissing the appeal filed by the appellant, vide its decree dated 28.08.2015. In view of the above, I do not find any infirmity in the and decree dated 18.09.2014 passed by learned Civil Judge (Jr. which is upheld by learned Addl. District Judge, Narnaul, vide judgment and decree dated 28.08.2015. Accordingly, the present regular second appeal is Parties are left to bear their own costs. Decree sheet be prepared Pending application (s) if any also stands disposed of. (SUDEEPTI SHARMA JUDGE Whether speaking/reasoned Whether reportable witnesses. Further he was granted full opportunity to adduce his evidence in defence. As per record, while conducting disciplinary proceedings, principles of natural justice have been followed. Rather Ex P4 reflects that while passing the had mitigated harshness of penalty stoppage of two further annual grade Therefore, there is nothing on record to show that principles of civil suit filed by the appellant has learned Civil Judge (Jr. Divn.), Narnaul, vide its , which was upheld by learned Addl. appeal filed by the appellant, vide its I do not find any infirmity in the judgment and decree dated 18.09.2014 passed by learned Civil Judge (Jr. Divn.), Narnaul which is upheld by learned Addl. District Judge, Narnaul, vide judgment and . Accordingly, the present regular second appeal is Parties are left to bear their own costs. Decree sheet be prepared Pending application (s) if any also stands disposed of. SUDEEPTI SHARMA) JUDGE : Yes : Yes evidence in of cts that while passing the penalty grade of civil suit filed by the appellant has its , which was upheld by learned Addl. appeal filed by the appellant, vide its judgment Divn.), Narnaul which is upheld by learned Addl. District Judge, Narnaul, vide judgment and . Accordingly, the present regular second appeal is Parties are left to bear their own costs. Decree sheet be prepared Gaurav Arora 2025.08.20 19:06 I attest to the accuracy and integrity of this document