HC MUNSHI LAL Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The above-captioned two writ petitions challenge the judgment and order dated 6.1.2010 as also the judgment and order dated 18.3.2010 passed in OA No.174/2008 and OA No.309/2008. Vide order dated 6.1.2010 both Original Applications were dismissed and vide order dated 18.3.2010, two applications seeking review of the order dated 6.1.2010 were dismissed.

(2.) 5 officers of the Delhi Police; namely, HC Munshi Lal, Ct. Surinder Singh, Ct. Ram Singhasan, Ct. Shrimant and Ct. Banwari Lal were informed by a memorandum dated 22.2.2005 that on the indictment listed therein an inquiry would be conducted under the Delhi Police (Punishment & Appeal) Rules 1980 and that Insp.Ravinder Kumar would be functioning as the Inquiry Officer. The order reads as under:-

(3.) Formalizing the memorandum dated 22.2.2005, which contains the summary of allegations, the inquiry officer re-penned the summary of allegations and accompanied by the list of witnesses and list of relied upon documents served upon the 5 police officers, the summary of allegations, list of witnesses and list of relied upon documents. The summary of allegations read as under:- "Summary of Allegation You are alleged that you, i.e. Munshi Lal No.408/ND, Ct.Surender N590/ND, Ct.Ram Singhasan No.1303.ND, Ct.Shrimant No.1296/ND and Ct.Banwari Lal No.766/ND that while posted as P.S. Connaught Place you were detailed for night patrolling duty on the night intervening 01/02-01-2005. During the patrolling duty you stopped a motorcycle No.UP-14-U-8187 at outer circle, Connaught Place near Minto Road when the riders Mr.Bhupender Tiwari and Mr.Varun Gupta were talking to a TSR to enquire about way to ITO. You made Mr.Varun to sit in the TSR, with a Constable in which a girl was already sitting. Another constable took the motorcycle and made Bhupinder to sit on the pillion seat. After driving for about half an hour, you stopped at a dark area and threatened put the motorcyclist in jail. Later the remaining three policemen also reached there and demanded all the money they have. You then took Rs.8,000/- from Mr.Varun Gupta and Rs.6,000/- from Mr.Bhupinder.