JOGINDER SINGH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Shri Joginder Singh S/o Shri Charanjeet Singh, the petitioner herein, had been working as Constable with Delhi Police. In 1996 an FIR bearing No. 355/1996 under Section 420/468/471 IPC was registered against him at Police Station Welcome, Delhi. The FIR was registered on a complaint made by one Ashwani Kumar, who alleged that the petitioner is not actually Joginder Singh and his actual name is Jogwinder Singh and that he changed his name after getting a duplicate copy of the matriculation certificate which had been issued in the name of Joginder Singh S/o Ranjeet Singh and that he had changed the name Ranjeet Singh by adding "Ch" (in Hindi) so as to make it Charanjeet Singh, his fathers name. On that basis after the receipt of a complaint lodged by one Ashwani Kumar a criminal prosecution was launched against the petitioner which ultimately resulted in acquittal vide order dated 04.09.2001.

(2.) Simultaneously, the respondents also initiated a departmental enquiry against the petitioner under Delhi Police (Punishment & Appeal) Rules, 1980 (hereinafter referred to as ,,the Rules) on the allegations that the petitioner concealed facts at the time of enlisting himself in Delhi Police and used forged documents for the purpose of obtaining employment with Delhi Police which is not accepted of a member of disciplined force. The Enquiry Officer to whom the enquiry was entrusted framed following charges:

(3.) During the course of inquiry five witnesses were examined by the department before the enquiry officer including Ashwani Kumar, the complainant in FIR No.355/1996 as PW-1 & PW-2 Smt.Manju Bhandari, an officer from Haryana Education Board in a statement deposed that as per their record the certificate in question had been issued to Joginder Singh S/o Ranjeet Singh and not to Joginder Singh s/o Charanjeet Singh.