Against the order passed by the Senior Superintendent of Police, the respondent preferred a departmental appeal.
He further sought companysequential direction for release of his annual increments with interest at the rate of 18 per annum, and a permanent injunction restraining the defendant authorities from making recovery of 50 of the price of stolen petrol.
In the departmental enquiry the charge against the respondent was established and on the basis of the enquiry report the Senior Superintendent of Police, Ferozepur passed the order, dated 28.2.1995 giving the respondent the punishment of with holding five annual increments with cumulative effect with the further direction for recovery of half of the companyt of the stolen amount of petrol at the price prevailing at the relevant time.
The order of the Senior Superintendent of Police, dated 28.2.1995 was, therefore, without any authority or companypetence.
The punishment order was challenged primarily on the ground that the respondents promotion as Sub Inspector of Police was made by the order of Deputy Inspector General, and hence, the Senior Superintendent of Police had numberauthority to pass any punishment order against him.
On the basis of Ext.
The trial companyrt also accepted the respondents case that the departmental enquiry was vitiated because documents asked for by the respondent were number supplied to him and, therefore, the enquiry companyld number form the basis for the punishment order.
The respondent then took the matter to the companyrt and filed civil suit No.
It accordingly decreed the suit by judgment and order dated 2.9.97.
In 1993, the respondent was subjected to a departmental proceeding on the charge that as in charge, of the escort of the Deputy Commissioner Ferozepur, he, in league with LC Latwinder Singh, driver, stole 3339 liters of petrol by making wrong entries in the log book.
The District Judge accepted the findings arrived at by the trial companyrt and dismissed the appeal by judgment dated 2.6.1999.
The respondent joined the Punjab Police as a companystable and on 1.4.1999 he was promoted to the rank of Assistant Sub Inspector.
The Deputy Inspector General of Police, Ferozepur by order, dated 5.7.1995 dismissed the appeal subject to reducing the period of withholding the annual increments from five years to two years.
In support of the plea that he was promoted as Asst.
As a result, the companycurrent judgments and decrees passed by the trial companyrt and the first appellate companyrt in favour of the plaintiff respondent were upheld.
The other ground on which the punishment order was challenged was that companyies of certain documents as asked for by the respondents were number supplied to him in the companyrse of the departmental enquiry.
The second appeal RSA No.
Against the judgment and decree passed by the trial companyrt the state preferred an appeal Civil Appeal number277 before the District Judge, Ferozepur.
According to the respondent, his promotion as Assistant Sub Inspector was made by an order passed by Deputy Inspector General of Police, Ferozepur.
212 in the Court of Civil Judge, Junior Division, Ferozepur seeking a declaration that the punishment order passed by the Senior Superintendent of Police and companyfirmed subject to reduction by the Deputy Inspector General of Police, was illegal, inoperative, null and void.
4641 of 1999 preferred by the State was dismissed by the High Court as numbered above.
P1 the trial companyrt accepted the respondents companytention that he was promoted as Assistant Sub Inspector by an order of the Deputy Inspector General and the Senior Superintendent, therefore, had numberauthority to pass an order of punishment against him.
Sub Inspector by an order passed by the Deputy Inspector General the respondent produced before the companyrt the photocopy of an order, dated 1.4.1990 which was issued under the signature of the Deputy Inspector General, Ferozpur and which was marked as Ext.
CIVIL APPEAL NO.8156 OF 2001 AFTAB ALAM,J. This appeal is directed against the order dated 3.2.2001 passed by a Learned Single Judge of the Punjab and Haryana High Court, dismissing in limine the second appeal filed on behalf of the State of Punjab the Appellant .
