Mamta v. State Of Haryana And Others

CWP No.32636 of 2025 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.32636 of 2025 Date of Decision:08.12.2025 Mamta ....Petitioner vs.

State of Haryana and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Ravinder Malik, Advocate for the petitioner Mr. Ashok Kumar Khubbar, Addl. A.G., Haryana *** JAGMOHAN BANSAL, J. (ORAL) 1.

Affidavit dated 05.12.2025 of Dr. Arpit Jain, IPS, Deputy Commissioner of Police, Head Quarters, Gurugram filed on behalf of respondents No. 1 to 8 is taken on record. Registry is directed to tag the same at appropriate place.

2.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of:- i. Charge-sheet dated 18.11.2013 (Annexure P-2); ii. Inquiry Report (Annexure P-9);

iii. Show cause notices dated 14.01.2014 and 21.05.2014 (Annexure P-10);

iv. Order dated 24.05.2014 (Annexure P-11) whereby Deputy Commissioner of Police, Headquarters, Faridabad

CWP No.32636 of 2025 -2awarded punishment of stoppage of three annual increments with permanent effect;

v. Order dated 13.08.2014 (Annexure P-12) whereby Commissioner of Police, Faridabad while deciding her appeal reduced punishment to two annual increments with permanent effect;

vi. Order dated 21.07.2015 (Annexure P-13) whereby Director General of Police dismissed her revision petition;

vii. Letter dated 19.09.2025 (Annexure P-18); viii. Order dated 25.09.2025 (Annexure P-19) whereby Deputy Commissioner of Police Headquarters, Gurugram ordered to initiate regular departmental enquiry. 3.

The petitioner joined Haryana Police Force as Constable. She was promoted as Head Constable. The respondent in May' 2013 initiated departmental inquiry against her alleging disobedience and gross indiscipline. She along with Constable Monika was issued charge sheet alleging willful absence from duty. Inquiry Officer found her guilty in his report dated 08.01.2014. She was issued show cause notice proposing punishment of dismissal from service. She filed reply to show cause notice. The Disciplinary Authority vide order dated 24.05.2014 awarded her punishment of stoppage of three annual increments with permanent effect. She preferred an appeal which was partially allowed. The punishment was reduced to forfeiture of two increments with permanent effect. She filed revision which was dismissed vide order dated 21.07.2015 (Annexure P-13). She filed mercy petition before State Government which was never adjudicated. She filed fresh mercy petition on 01.05.2025. She filed revised mercy petition on 21.07.2025. The Director General of Police (DGP) vide

CWP No.32636 of 2025 -3letter dated 19.09.2025 ordered to initiate departmental proceedings against her for approaching Higher Authorities without proper channel. Deputy Commissioner of Police, Headquarters, Gurugram vide order dated 25.09.2025 ordered regular departmental inquiry. 4.

Learned counsel for the petitioner submits that he does not press his prayer qua proceedings arising out of charge-sheet dated 18.11.2013 (Annexure P-2). He further submits that order dated 25.09.2025 (Annexure P19) and summary of charge-sheet (Annexure P-20) are bad in the eye of law.

5.

Learned State counsel submits that petitioner directly approached higher authorities which amounts to misconduct, thus, she was rightly served charge sheet.

6.

Faced with this, learned counsel for the petitioner submits that petitioner tenders unconditional apology and undertakes not to file any such representation in future with higher authorities. 7.

In the wake of afore-stated factual position and statement of learned counsel for the petitioner, the petition is partly allowed. The impugned order dated 25.09.2025 (Annexure P-19) and charge sheet dated 18.11.2013 (Annexure P-2) and hereby set aside. (JAGMOHAN BANSAL) JUDGE 08.12.2025 paramjit Whether speaking/reasoned: Yes Whether reportable:

No