VIJAY SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant was head constable in Delhi Police. He was served with the charge, substance of which reads :-

(2.) Admittedly, the charge was framed after a preliminary enquiry was conducted by PW-4 Sh.Bhairo Singh, ACP Kamla Market, Delhi. An enquiry was conducted by PW-4 and its report was submitted to DCP/North-West Distt. Delhi on 21.8.95 which was marked as Exhibit PW-4/A.

(3.) Many grounds have been urged before us. The principle contention of Mr. Krishnamani, learned senior counsel is, however, rested on the question of violation of Rule 15(2) of the Delhi Police (Punishment and Appeal) Rules, 1980 ( in short the Rules ). It is contended by the counsel that Rule 15(2) mandates that in a case in which a preliminary enquiry discloses the commission of a cognizable offence, departmental enquiry shall be ordered after obtaining prior approval of the Additional Commissioner of Police concerned as to whether a criminal case should be registered and investigated or a departmental enquiry should be held. He would further contend that in the present case a departmental enquiry was held preceded by a preliminary enquiry conducted by PW-4 but no prior approval was obtained from the Additional Commissioner of Police, therefore, the entire enquiry vitiates. This being the pure question of law, we have directed the respondent to produce the record as to whether prior approval of the Additional Commissioner of Police was obtained or not. Mr.Dutta, learned ASG fairly submitted that the record does not disclose that prior approval of the Additional Commissioner of Police was obtained. A supplementary affidavit was, however, filed by one Mr.Ajay Kumar, Deputy Commissioner of Police, Police Control Room, Delhi. It is averred in paragraph 2 of the supplementary affidavit that no preliminary enquiry was ordered, hence the prior approval of the Additional Commissioner of Police as required under Rule 15(2) of the Rules for conducting departmental enquiry was neither required nor the same was taken. To say the least, this averment is contrary to the statement of PW-4. A preliminary enquiry is a fact finding enquiry. Its purpose is (i) to establish the nature of default and identity of defaulter(s), (ii) to collect prosecution evidence, (iii) to judge quantum of default and (iv) to bring relevant documents on record to facilitate a regular departmental enquiry. In the present case, a preliminary enquiry was conducted by PW-4 himself and a report was submitted by him, marked as Exhibit PW-4/A during the enquiry. Sub-rule (2) of Rule 15 reads :