For misusing its order, HC fines Kullu-based private power firm ₹50,000

The court also ordered to place the investigation officer under suspension and to initiate a regular inquiry against him

SHIMLA Himachal Pradesh high court on Saturday dismissed a petition filed by M/s Gunal Hydro Power Private Limited, Bhunter, Kullu, and imposed a cost of ₹50,000 for grossly misusing the order passed by HC. The court also ordered to place the investigation officer under suspension and to initiate a regular inquiry against him.

Representational image.

Court passed an order on the petition filed by M/s Gunal Hydro Power Pvt. Ltd, wherein it was averred that on 22.3.2022, a few villagers from villages Raisan and Benchi came to the construction site and beat up the labourers and demolished the labour sheds. The matter was reported to the police station, Patlikuhal, by the petitioner company, and an FIR No. 37/2022 dated 18.4.2022 was registered.

The petitioner-company approached the high court with a prayer to direct the state authorities to restrain one Tapan Mahant and villagers of Gram Panchayat Benchi from, abuses, violence, unauthorized restraint, stoppage of work and preventing workers of the company from performing their duties within 500 metres of the work site, office and residential area of the petitioner-company.

Taking into consideration the version of the petitioner, the HC on 10.05.2022, passed the order to restrain the above-named respondents from entering within a radius of 500 meters of the construction site. In the meantime, another FIR was registered in the matter on 22.08.2022, based on a complaint filed by the manager of the petitioner-company alleging that the villagers entered the project site on 19.08.2022.

The bench comprising Justice Tarlok Singh Chauhan and Justice Virender Singh, however, during the hearing found that court orders were being misused by the petitioner as also by the police authorities. The general manager of the petitioner-company and investigating officer, present in the court failed to substantiate the allegations that any untoward incident did take place on 19.8.2022, as was otherwise alleged by the petitioner, based on which FIR No. 94 of 2022 came to be registered. The court further observed that nothing untoward ever happened on 19.8.2022, as per the status report filed by the SHO Patlikuhal and found the conduct of the petitioner and the investigating officer, reprehensible and condemnable.

The court dismissed the instant petition with costs of ₹50,000 and found the conduct of investigating officer unbecoming of a police officer and therefore directed the superintendent of police, Kullu, to place him under suspension and hold a regular inquiry against him for dereliction of duties and for misusing the orders of the court. The inquiry has been ordered to be held by an officer not below the rank of deputy superintendent of police and needs to be completed within two months.

However, the court has made it clear that the aforesaid views expressed against the investigating officer are only tentative and cannot be held to cast any aspersion or strive. The investigating officer, if found guilty of misbehaviour, is a matter to be proved in the inquiry after affording a due opportunity to him.