ARVIND KUMAR Vs. GNCT OF DELHI

JUDGEMENT

(1.) A charge memo was issued on 22.8.2005 against the petitioner in which the indictment alleged was that on 14.5.2005 he was posted at Vivek Vihar Traffic Circle and was detailed for duty at Surya Nagar Red Light Point. A PRG team found him in plain clothes at 2:30 PM when petitioner had stopped a half-body truck (HDV) bearing Registration No.HR-38C-6534 near the Red Light Point and was seen talking to the driver. After some conversation the truck was let off. It was intercepted by Insp.V.K.Kalia of the PRG team and upon inquiry the truck driver named Rajveer Singh informed that petitioner had stopped him and thereafter released him after receiving '100/- as entry fee. He i.e. Rajveer Singh further disclosed that even on 13.5.2005 he had paid '200/- to Const.Arvind Kumar at the same red light. He produced a note book on which petitioner had acknowledged having received the entry fee. The driver was taken back to the point/place where petitioner was standing and he correctly identified the petitioner. The indictment was that the afore-noted act of the petitioner in demanding and collecting '200/- on 13.5.2005 and '100/- on 14.5.2005 from Rajveer Singh and having acknowledged receipt of the amounts on the notebook of the driver was a grave misconduct inasmuch as petitioner had indulged in a corrupt practice and additionally there was dereliction in the discharge of his official duties.

(2.) The petitioner denied the allegations and hence an inquiry officer was appointed.

(3.) At the inquiry the department produced five witnesses, the first two with the intention to prove petitioner 's deployment on 13th and 14th of May 2005 at Ram Prastha Chowk i.e. a spot near Surya Nagar Red Light Point. And the other three to prove the indictment as per the allegations in the charge sheet pertaining to the misdemeanor alleged to have been committed on 13th and 14th May 2005.