1 CGHC010254222019 2026:CGHC:35532 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5740 of 2019 1 - Rama Sahu S/o Shri Beersingh Sahu Aged About 34 Years Constable Mt 824, 11th Battalion, Caf Janjgir Champa Chhattisgarh, District : Janjgir- Champa, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home, Ma- hanadi Bhawan, Atal Nagar, Raipur Chhattisgarh, 2 - Additional Director General Of Police Police Headquarter, Indrawati Bhawan, Raipur Chhattisgarh, 3 - Inspector General Of Police Chhattisgarh Armed Forces, North Region, Sarguja Chhattisgarh, 4 - Commandant 11th Battalion, (B/r) Chhattisgarh Armed Forces, Janjgir Champa Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Varun Sharma, Advocate For Respondent(s) : Mr. Rahul Tamaskar, G.A. Hon’ble Shri Sanjay K. Agrawal, Judge Order on Board 12.08.2026 1. The present writ petition has been preferred challenging the orders dated 05.04.2019 passed by respondent No.2, Additional Director Gen- eral of Police, whereby the second appeal preferred by the petitioner was rejected, the order dated 24.09.2018 passed by the Inspector General of Police, whereby the first appeal preferred by the petitioner was rejected, and the final order of punishment dated 21.03.2018 passed by the Competent Authority/Commandant, 11th Battalion, Janj- gir-Champa, whereby the punishment of reduction in pay equivalent to Digitally signed by JYOTI JHA Date: 2026.08.13 12:09:53 +0530 2 one increment with cumulative effect, along with recovery, was im- posed upon the petitioner. 2. Learned counsel for the petitioner would submit that the Disciplinary Authority was not justified in imposing upon the petitioner the punish- ment of stoppage of one increment with cumulative effect and recovery of Rs.6,374.50/-, as such punishment is not prescribed under the Po- lice Regulations. Therefore, the impugned orders dated 21.03.2018, 24.09.2018 and 05.04.2019 are liable to be quashed. He would rely upon the decision of this Court in the matter of Kaushal Sahu Vs. State of Chhattsigarh (WPS No.3088/2020, decided on 10.3.2026). 3. On the other hand, learned State Counsel would support the impugned orders. 4. I have heard learned counsel for the parties, considered their rival sub- missions made herein-above and went through the records with utmost circumspection. 5. Admittedly, it is not in dispute that the petitioner was subjected to de- partmental proceedings on the allegation of making alterations in the Driver Diary, which ultimately resulted in imposition of the punishment of stoppage of one increment with cumulative effect and recovery of Rs.6,374.50/- vide order dated 21.03.2018 passed by the Disciplinary Authority/Competent Authority, exercising its power conferred under Regulation 221 read with Regulation 214 of the Police Regulations. 6. At this stage, it would be appropriate to notice Regulation 221 of the Police Regulations which provides power to the Senior Superintendent of Police and Superintendent of Police by which they can impose pun- ishment. The said Regulation reads as under:- 3 “221. Powers of senior Superintendent of Police and Superintendent of Police.- An Assistant Inspector General or a Superintendent of Police shall exercise the following powers of punishments :- (a) Power to inflict any of the punishments specified in Regulation 214 to 217 on head constables and con- stables. (b) Power to inflict on Sub-Inspector and Assistant Sub-Inspectors the penalties specified in Regulation 214 (i) and (iv) or in Regulation 215 (a) and (b) or to withhold the increment of a Sub-Inspector and an As- sistant Sub-Inspector for a period of one year from the date on which it falls due. (c) Power to reduce the pay of Sub-Inspector and an Assistant Sub-Inspector. (c-i) Power to inflict the punishment of censure on In- spector. (d) Power to suspend and officer of the rank of con- stable to Inspector pending enquiry into his conduct. 7. The punishment to be imposed on the Sub Inspectors and Assistant Sub Inspectors has been defined in Regulation 214 of the CG Police Regulations which states as under:- “214.Punishments – Kinds of – Without prejudice to the provisions of any law or any special orders for the time being in force, the following penalties may, for good and sufficient reasons, be imposed upon any member holding a post in a Subordinate Police Ser- vice:- (i) Withholding of promotion; (ii) Withholding of increments of pay including stop- page at an efficiency bar or stagnation allowance. (iii) Reduction to a lower post or time scale or reduc- tion to a lower stage in the time scale of pay for a specified period with further direction as to whether or not the member of the Subordinate Police Service will earn increments of pay or the stagnation allowance, as the case may be, during the period of such reduc- tion and whether on the expiry of such period the re- duction will or will not have the effect of postponing the further increments of his pay or stagnation al- lowance. (iv) Recovery from pay of the whole or part of any pe- cuniary loss caused to Government or to any fund maintained for the welfare of the Police by negligence or breach of orders. 4 (v) Removal from the service, which does not disqual- ify from future employment. (vi) Dismissal from the service, which ordinarily dis- qualifies for future employment; (vii) Suspension is not punishment; (viii) Compulsory retirement.” 8. Regulation 214 of the Chhattisgarh Police Regulations prescribes vari- ous minor/major punishments which can be imposed without prejudice to the provisions of any law or any special order for the time being in force. 9. On perusal of the aforesaid provisions, it appears that by virtue of Reg- ulation 221 of the Police Regulations, the Superintendent of Police has power to inflict on all ranks from Constables to Sub-Inspector and As- sistant Sub Inspector any of the penalties specified in Regulation 214 (i) and (iv) or in Regulation 215 (a) and (b) or to withhold the increment of a Sub-Inspector and an Assistant Sub-Inspector for a period of one year from the date on which it falls due. However, a careful perusal of the said Regulation would show that no power has been conferred on the Superintendent of Police to inflict a punishment of reduction of pay equivalent to one increment with cumulative effect, which is also appar- ent from the memo dated 10.10.2008 issued by the Director General of Police, which states as under:- “ पुस मुयाय, छीसग स ाइस, रायपुर – 492001 पुस श मांक -04 मांक-पुम/शा/जांच/1273/08 रायपुर, ांक : 10/10/2008 , सम! पुस इकाइयाँ 5 छीसग षय : े ृ& संचयी 'प से रोके का यम )& आेश जारी करे बाब । कई करण/ म0 अुशासक अ2का3रय/ 4ारा भागीय जांच म0 आरोप मा6ण पाए जाे पर अपचारी पुस अ2का3रय/ के )& “ ” एक े ृ& संचयी 'प से रोके का ंड अथा “एक े ृ& एक ष: के ए रोके जाे का ंड, जसका भा ” संचयी होगा अ2रोप कए गया है, जो यमाुकू ह> है। कृ पया इस संबं2 म0 छीसग पुस रे?यूेश के पैरा 214 का अोक कर0, जसम0 इस कार के ंड का ा2ा ह> है। चूँक पुस रे?यूेश के पैरा 221 के अं ग: पुस अ2ी@क को इस कार का ंड अ2रोप करे का अ2कार ह> है, इस कारण माीय छीसग उB यायाय 4ारा कई बार इस कार के ंडाेश अपा! कए गए हC। इस संबं2 म0 माीय उB म यायाय 4ारा भी मDयेश शास एं अय )& रा2का सा ुबे ( ांक 25 अै 1994) म0 उपरोEुसार ंडाेश अपा! कया गया है। अ ः भGय म0 अुशासक अ2कारी उपरोE यम/ के अु'प काय:ाही करा सुH कर0। सही/- (Iरंज) पुस महाेशक 10.As such, it is quite evident that the Superintendent of Police has no power and jurisdiction to impose a punishment of reduction of pay equivalent to one increment with cumulative effect. 11.Accordingly, the impugned order dated 21.03.2018 passed Competent authority (Annexure-P/3), imposing upon the petitioner the punishment of stoppage of one increment with cumulative effect and recovery of Rs.6,374.50/-, as well as the order dated 24.09.2018 passed by the In- spector General of Police rejecting the departmental appeal of the peti- tioner (Annexure-P/2) and the order dated 05.04.2019 passed by the 6 Additional Director General of Police rejecting the second appeal of the petitioner (Annexure-P/1), are hereby set aside/quashed. The penalty so inflicted is modified and it is directed that the petitioner is imposed a penalty of reduction of pay equivalent to one increment with non-cumu- lative effect. 12.For the foregoing, the Writ Petition is allowed in part. Since the peti- tioner has not retired from service, he will be entitled to all consequen- tial benefits, if any, in view of the modification of order of punishment as aforesaid. No costs. Sd/- (Sanjay K. Agrawal) Judge Jyoti