JAI BHAGWAN Vs. COMMR. OF POLICE

JUDGEMENT

(1.) Leave granted.

(2.) These appeals by special leave arise out of an order dated 21st October 2010 passed by the High Court of Delhi whereby Writ Petition (Civil) No.5450 of 2005 filed by the appellant challenging his dismissal from the post of Assistant Wireless Operator has been dismissed. An order dated 18th February 2011 whereby the High Court dismissed Review Petition No.72/2011 filed by the appellant has also been assailed by the appellant.

(3.) The appellant was posted as an Assistant Wireless Operator at Patel Nagar Police Station, Delhi. A cabin was provided to him for that purpose. On the night intervening 28/29th July 2001 when Inspector Harjeet Singh went for checking the cabin used by the appellant he found the same locked from inside. The Inspector knocked at the door but got no response from within the cabin. He then knocked the door harder whereupon, the appellant shouted at him from inside saying, "KYA DARWAJE KO TOREGA BE" (Are you determined to break the door). When the door was eventually opened by the appellant, the Inspector found him wearing plain civilian clothes. He asked the appellant the reason for not being in proper uniform to which the appellant replied that he liked to dress like that only. The appellant also refused to give the log book to the Inspector when asked and snatched the same from him when the Inspector picked it up from the table. The appellant was, in the above circumstances, charged with misconduct. The charge read as under: