{"id":258300,"date":"2006-02-24T00:00:00","date_gmt":"2006-02-23T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/himmat-singh-vs-state-of-haryana-ors-on-24-february-2006"},"modified":"2016-03-12T16:01:52","modified_gmt":"2016-03-12T10:31:52","slug":"himmat-singh-vs-state-of-haryana-ors-on-24-february-2006","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/himmat-singh-vs-state-of-haryana-ors-on-24-february-2006","title":{"rendered":"Himmat Singh vs State Of Haryana & Ors on 24 February, 2006"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Himmat Singh vs State Of Haryana & Ors on 24 February, 2006<\/div>\n
Author: S.B. Sinha<\/div>\n
Bench: S.B. Sinha, Dalveer Bhandari<\/div>\n
           CASE NO.:\nAppeal (civil)  34 of 2004\n\nPETITIONER:\nHimmat Singh\n\nRESPONDENT:\nState of Haryana & Ors\n\nDATE OF JUDGMENT: 24\/02\/2006\n\nBENCH:\nS.B. Sinha & Dalveer Bhandari\n\nJUDGMENT:\n<\/pre>\n
J U D G M E N T<\/p>\n
S.B. SINHA, J :\n<\/p>\n
\tThis appeal is directed against a judgment and order dated 14.07.2003
\npassed by the High Court of Punjab & Haryana in CWP No.14261 of 2000
\ndismissing the writ petition filed by the Appellant herein questioning an
\norder dated 24.08.2000 by reason whereof his offer for voluntary retirement
\nwas accepted.\n<\/p>\n
\tThe Appellant was appointed as a Constable in Haryana Police.  In
\n1992, he was promoted as Head Constable.  He allegedly had been on
\nunauthorized leave.  The Station House Officer made a report to the
\nsuperiors  about his behaviour and conduct.  He was placed under
\nsuspension,  whereafter  a departmental proceeding was initiated against
\nhim.  During the pendency of the said enquiry, according to the Appellant,
\nwhen he was called to the office of the Superintendent of Police on
\n29.05.2000, filed an application wherein he, inter alia, expressed his
\nintention to go for voluntary retirement with effect from 31.08.2000 in the
\nfollowing terms :\n<\/p>\n
\t“Most respectfully I want to bring in your kind
\nnotice that on 19.8.1999 at about 9 P.M. I received an VT
\non wireless set from previous worthy S.P. Shri O.P.
\nSingh IPS Hisar that, three unknown culprits covering
\ntheir mouth riding on an matiyala scooter round up these.\n<\/p>\n
2.  That at that time I was present along with police
\nparty near Puspa Complex near Dabra Chowk Hisar.\n<\/p>\n
3. That above culprits come on above scooter
\ntowards ply over the turned in sector 13A Hisar Shopping
\nCenter I covered these in Sector 13 while running behind
\nthese might right leg gone in sewerage dip and I got
\nfracture.\n<\/p>\n
4.  That on 19.8.99 I was admitted in G.H. Hisar
\nremained in G.H. Hisar up to 4.10.1999 and got 15%
\ndisability on 1.3.2000.  I am still under treatment.\n<\/p>\n
5.  That now I feel lackness in my right leg and
\nnow I want to go on retirement from 31.08.2000.”\n<\/p>\n
\tAllegedly, thereafter he was absolved of the charges framed against
\nhim in the departmental proceedings.  He despite reinstatement in service
\nallegedly was not allowed to perform any duty.  Indisputably, by an order
\ndated 24.08.2000, the offer of the Appellant for voluntary retirement was
\naccepted, which reads thus :\n<\/p>\n
“HC Himmat Singh No.852\/HSR is hereby
\npermitted to proceed on voluntary retirement w.e.f.
\n31.8.2000 A.N. i.e. after the expiry of notice period.” .\n<\/p>\n
\tThe Appellant, however, contends that he had withdrawn the said
\noffer on 24.08.2000 itself by filing an application which was forwarded to
\nthe Superintendent of Police  by the Lines Officer, Police Lines, Hisar.\n<\/p>\n
The Appellant filed a writ petition before the Punjab and Haryana
\nHigh Court praying, inter alia, for the following reliefs :\n<\/p>\n
\t“i)  issue a writ in the nature of certiorari calling
\nfor the records of the respondents concerning the passing
\nof the order retiring the petitioner and after perusal of the
\nsame, order retiring the petitioner be quashed and the
\npetitioner be allowed to continue in service.\n<\/p>\n
\tii)\tit is further prayed that an application which
\nthe petitioner sent through Line Officer who has
\nforwarded to the Supdt. Of Police on 24.08.2000 be
\nallowed with all consequential reliefs and the petitioner
\nbe allowed to continue in service till the age of
\nsuperannuation.”\n<\/p>\n
\tA Division Bench of the High Court before issuing rule nisi went
\nthrough the records and opined that the contention raised by the Appellant
\nthat he had withdrawn the offer of voluntary retirement on 24.08.2000 may
\nbe correct.  Pursuant to a direction issued by a Division Bench of the said
\ncourt, the then Superintendent of Police as also the Lines Officer affirmed
\ntheir respective affidavits.\n<\/p>\n
\tWe may furthermore notice that the Appellant in the writ petition
\nraised a serious allegation that he had been assaulted by the Fifth
\nRespondent on 24.08.2000, who forcibly obtained an acknowledgment from
\nhim on the order of retirement although no copy thereof was handed over to
\nhim.  He while acknowledging the same made the following endorsements
\ntherein :\n<\/p>\n
\t“Sir, <\/p>\n
\tNoted and application already for
\nwithdrawal\/cancellation sent to your office today.\n<\/p>\n
\t\t\t\tSd\/- Himmat Singh, HC\/SJL
\n\t\t\t\tP.S. HSR. 24.8.2000″\n<\/p>\n
\tThe said allegation of the Appellant had specifically been denied and
\ndisputed by the Fifth Respondent in his aforementioned affidavit in the
\nfollowing terms :\n<\/p>\n
\t“That in the order dated 18\/24.8.2000, the
\ndeponent specifically mentioned that the petitioner would
\nbe permitted to proceed on voluntary retirement w.e.f.
\n31.8.2000 i.e. after the expiry of the notice period,
\ntherefore, the deponent was very well aware of the fact
\nthat as per the provisions of the Rules the application of
\nthe petitioner for seeking voluntary retirement could be
\nallowed after the expiry of the notice period.”\n<\/p>\n
\tIt was further pointed out :\n<\/p>\n
\t“That some of the above-mentioned facts and
\ncircumstances and orders passed by the deponent in the
\ncase of the petitioner have deliberately been not brought
\non record by the petitioner to suppress the material facts
\nfrom this Hon’ble Court and with a view to play fraud
\nupon the Court.  The story of the petitioner is totally
\nbelied from the fact that he has himself sworn an
\naffidavit duly signed by him, dated 1.9.2000, that he has
\nproceeded on voluntary retirement, whereas in the
\npresent writ petition his own case is that he had made an
\napplication on 24.8.2000  for withdrawal of the voluntary
\nretirement.  It has been further mentioned by the
\npetitioner that his letter dated 24.8.2000 was signed by
\nthe Line Officer, Police Lines, Hisar.  It is respectfully
\nsubmitted that though the records pertaining to the
\npresent case have been kept in the custody of this
\nHon’ble Court and the alleged application dated
\n24.8.2000 is almost 2 years 9 months old, the deponent
\nmost humbly submit from his memory that he has never
\nreceived such an application dated 24.8.2000 from the
\npetitioner in person.  In fact, had the petitioner made any
\nsuch application he would have never sworn the affidavit
\ndated 1.9.2000 and would have at least made a mention
\nor in the alternative would have made a mention of the
\nsaid application dated 24.8.2000 in the said affidavit.
\nHad the alleged application dated 24.8.2000 been
\npresented by the petitioner to the competent authority i.e.
\nthe deponent, there was no reason for the deponent to not
\nconsider the same because in the order dated
\n18\/24.8.2000 passed by the deponent it was clearly
\nindicated that the voluntary retirement of the petitioner
\nwould come into effect w.,e.f. 31.8.2000 i.e. after the
\nperiod of the notice period.”\n<\/p>\n
\tIt had further been averred :\n<\/p>\n
“In fact, it seems that the petitioner has deliberately
\ntried to mislead this Hon’ble Court by not only casting
\nvery serious allegations of mala fide against the deponent
\nbut also not producing before this Hon’ble Court relevant
\norders passed by the competent authority i.e. the
\ndeponent and other material facts such as the affidavit of
\nthe petitioner dated 1.9.2000.  it seems that the
\nallegations of malafide against the deponent do not
\noriginate from the  facts verified by the petitioner but
\nmay have originated from the improper legal advice
\ngiven to him in as much as there as not only been a
\ndeliberate attempt on behalf of the petitioner to suppress
\nmaterial facts and circumstances, the petitioner may also
\nhave been fully aware of the fact that if true facts are
\nbrought to the notice of the Court, the petition filed by
\nthe petitioner may not have been entertained.  To
\nprejudice the mind of this Hon’ble Court, therefore, the
\npetitioner has chosen a very novel method i.e. firstly to
\nmake material suppression of facts and play fraud upon
\nthis Hon’ble Court and secondly to allege malafides
\nagainst the deponent to prove his case.  It is clear that the
\nallegation of malafide have not originated from the actual
\nfacts ands circumstances.”\n<\/p>\n
The Lines Officer pursuant to the said directions affirmed an affidavit
\nbefore the High Court stating :\n<\/p>\n
\t“1.  That I was working as Lines Officer, Police
\nLines, Hisar on 29.5.2000.  An application for seeking
\nretirement w.e.f. 31.8.2000 was submitted by HC Himat
\nSingh (Petitioner) which was forwarded by the deponent
\non the very same day and handed over to the petitioner
\non his request which was submitted by him personally
\nbefore the then Superintendent of Police, Hisar-Sh.
\nSandeep Khirwar, I.P.S.\n<\/p>\n
\t2.  That similarly an application for cancellation of
\nvoluntary retirement dated 24.8.2000 addressed to the
\nSuperintendent of Police Hisar as put up before me by
\nthe petitioner and the same was also forwarded and
\nhanded over to petitioner by me on his personal request
\non the same day.”\n<\/p>\n
\tThe High Court on consideration of the entire matter was of the
\nopinion that the contentions of the Respondents are correct holding :\n<\/p>\n
“it is not possible for us to record a finding of fact that
\nthe petitioner actually communicated the application
\ndated 24.8.2000 withdrawing the request for retirement to
\nthe Lines Officer, Police Lines, Hisar, for onward
\ncommunication to the Superintendent of Police, Hisar”\n<\/p>\n
Upon taking into consideration the affidavit affirmed by the Appellant
\non 01.09.2000 wherein he categorically stated that he had requested to
\nproceed on voluntary retirement w.e.f. 31.08.2000, the High Court opined  :
\n\t“On the basis of the aforesaid affidavit submitted
\nby the petitioner, it is contended that the petitioner has
\nconcocted a story so as to get out of his earlier request for
\nvoluntary retirement.  The original of the aforesaid
\naffidavit has been produced in Court along with the
\nofficial record.  It reveals that the stamp paper on which
\nthe affidavit was submitted was purchased from the
\nstamp vendor by the petitioner himself.  The aforesaid
\naffidavit was duly notarized by a notary public.  The
\nparticulars of the notary public, reveal his identity as Sh.
\nRam Swaroop Singh Dhanda, Advocate, Hisar,  Learned
\ncounsel for the petitioner could not dispute the purchase
\nof the stamp paper on which the affidavit has been sworn,
\nor the submission of the aforesaid affidavit by the
\npetitioner himself  If the petitioner actually executed the
\naforesaid affidavit (which has also been attached to the
\nwritten statement as Annexure R-3), and submitted it to
\nthe authorities  for consideration, there can hardly be any
\ndoubt that the petitioner ever withdrew his request for
\nvoluntary retirement.  In fact the aforesaid factual
\nposition demonstrates that the petitioner has maneuvered
\nofficial record to project an incorrect factual position so
\nas to obtain a favourable order from us.”\n<\/p>\n
\tThe High Court also rejected the contention of the Appellant that he
\nhad been coerced to apply for voluntary retirement.\n<\/p>\n
\tMr. Mahabir Singh, the learned counsel appearing on behalf of the
\nAppellant, would submit that having regard to the fact that the Lines Officer,
\nHisar, had clearly stated in the affidavit that the letter of withdrawal of the
\noffer of voluntary retirement had been handed over to him, it was his duty to
\nmake an entry therefor in the requisite register in terms of clause 12.55 of
\nthe Punjab Police Rules, 1934.  He was furthermore in accordance with the
\nsaid rules required to make an entry thereof, in the appropriate register
\nshowing that the same had been taken back by the Appellant.  The said rule
\nreads thus :\n<\/p>\n
\t“22.55.Register No. V. -The correspondence
\nregister shall be maintained in two parts in Form 22.55.
\nEach part shall contain 400 pages.\n<\/p>\n
(1) In Part I shall be entered a brief abstract of all
\nreports and orders received at the police station and of all
\nletters and replies dispatched which are not entered in
\nany other book.\n<\/p>\n
(2) When any entry is made in the receipt columns
\nthe corresponding dispatch column shall be left blank for
\nthe reply and vice versa.\n<\/p>\n
This register is a receipt and dispatch register and
\nis not meant as a record of the full correspondence.
\nCorrespondence received and not meant to be forwarded
\nor returned shall be filed in monthly files.  These shall be
\ndestroyed after two years.\n<\/p>\n
(3) In Part II the receipt and return of processes
\nshall be entered.\n<\/p>\n
Processes include  <\/p>\n
(a)\tSummonses to appear or to produce.\n<\/p>\n
(b)\tWarrants of arrests.\n<\/p>\n
(c)\tSearch warrants\n<\/p>\n
(d)\tOrders of proclamation, attachment, injunction or
\notherwise under sections 87, 88, 95, 99, 133, 140,
\n143, 144 and 145, Code of Criminal Procedure.\n<\/p>\n
Warrants in all non-cognizable criminal cases and
\nsummonses in non-cognizable criminal cases in which
\nGovernment is the complainant are served through the
\npolice.\n<\/p>\n
On the last day in each month a statement giving
\nthe following information shall be entered in the daily
\ndiary and sidelined in red ink :-\n<\/p>\n
(a)\tThe number of warrants remaining un-\n<\/p>\n
executed at the end of the previous month,
\nreceived and executed during the current
\nmonth and remaining unexecuted at the end
\nof it.\n<\/p>\n
(b)\tSimilar information regarding summonses in
\ncognizable and non-cognizable cases.\n<\/p>\n
(c)\tSimilar information regarding other
\nprocesses.\n<\/p>\n
At the end of the year any statistics required shall
\nbe compiled from such entries in the daily diary.”\n<\/p>\n
\tHaving regard to the findings of fact arrived at by the High Court, we
\nare of the opinion that the said contention is wholly misconceived. If the
\nAppellant had taken back his application for withdrawal of resignation after
\nsubmitting the same to the Lines Officer; the question of making any entry
\nthereabout in the register would not arise.  Alleged non compliance of the
\nsaid rule relating to maintenance of records furthermore has not been raised
\nby the Appellant either in the writ petition or in the special leave petition.
\nSuch a question admittedly was also not raised at the hearing before the
\nHigh Court.  We, therefore, cannot permit the Appellant to raise the said
\ncontention before us for the first time.\n<\/p>\n
\tMr. Mahabir Singh then contended that the High Court did not deal
\nwith the averments made in the writ petition that the Fifth Respondent was
\nbiased and in this connection our attention was drawn to ground no.7 of the
\nwrit petition.\n<\/p>\n
\tThe said contention again has no force.  Such a contention has been
\nraised only in ‘the grounds’ and the contents thereof have not been verified.
\nIn the grounds of a writ petition only a question of law can be raised and not
\na statement of fact.  No statement has been made in the body of the writ
\npetition.  The statement made in the said grounds was also not verified in
\naccordance with the writ rules. Despite the same, as we have noticed
\nhereinbefore, the Fifth Respondent in his affidavit denied or disputed the
\ncontents thereof. Whether the statement of the Appellant or the Fifth
\nRespondent was correct or not could not ordinarily be decided in a writ
\nproceeding. It is well known that in a writ petition ordinarily such a disputed
\nquestion of fact should not be entertained.  The High Court arrived at a
\nfinding of fact on the basis of affidavit evidence.\n<\/p>\n
 \tWe agree with the said findings of the High Court.\n<\/p>\n
Furthermore, as has been rightly held by the High Court, that the
\nAppellant was not entitled to any relief in view of his conduct as he
\nsuppressed material facts.\n<\/p>\n
\tFor the reasons aforementioned, we do not find any merit in this
\nappeal, which is dismissed accordingly with costs.  Counsel’s fee assessed at
\nRs.10,000\/-.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Himmat Singh vs State Of Haryana & Ors on 24 February, 2006 Author: S.B. Sinha Bench: S.B. Sinha, Dalveer Bhandari CASE NO.: Appeal (civil) 34 of 2004 PETITIONER: Himmat Singh RESPONDENT: State of Haryana & Ors DATE OF JUDGMENT: 24\/02\/2006 BENCH: S.B. Sinha & Dalveer Bhandari JUDGMENT: J U D G […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-258300","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nHimmat Singh vs State Of Haryana & Ors on 24 February, 2006 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/himmat-singh-vs-state-of-haryana-ors-on-24-february-2006\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Himmat Singh vs State Of Haryana & Ors on 24 February, 2006 - 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