COMMISSIONER OF POLICE Vs. SH. FARMAN SINGH

JUDGEMENT

(1.) THE petitioner, Commissioner of Police has challenged the order dated 9th September, 2008 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No. 470 of 2008, titled as 'HC Farman Singh v. Government of NCTD and Ors.', allowing the application of the respondent and setting aside his punishment of withholding one future increment without cumulative effect by order dated 27th November, 2007 and the order of dismissal of his appeal.

(2.) A departmental enquiry was initiated against the respondent on the allegation that a complaint of theft on behalf of Smt. Shobha Sharma was marked to him and he had brought a person namely Prince s/o Sh. Samsung Leshey to the police post and had illegally detained him for 12 hours and during this period he had beaten the accused mercilessly and he was released after taking an illegal gratification of Rs. 3,000/ - which amount was later on returned when the mother of the said person Smt. Nishi Leshey had complaint to the Commissioner of Police. During the enquiry seven witnesses were examined, namely ASI Sunder Singh, SI Jaswant Singh, Smt. Rita @ Jasphin, SI Narender Kumar, Smt. Nisha Leshey, Sh. Samsung Leshey and Prince Leshey. On behalf of the respondent, the witnesses examined were Sh. Deepak & Sh. Praveen Kumar. The enquiry officer on the basis of the statements made by the witnesses during the enquiry proceedings held that there was sufficient evidence to establish the culpability of the respondent. The disciplinary authority agreed with the findings of the enquiry officer and passed an order dated 26th June, 2007 imposing the punishment of withholding one future increment without cumulative effect and the appeal filed by the respondent was also dismissed by order dated 27th November, 2007.

(3.) THE petitioner had opposed the pleas and contentions of the respondent before the Tribunal contending that in the enquiry though the charge of accepting Rs. 3,000/ - as illegal gratification was not proved, however, the charge of bringing accused of theft namely Prince to the police post Raghubir Nagar on 4th September, 2005 at 10:00 am and releasing him at 10:30 pm after illegally detaining him for 12 hours and beating him mercilessly was made out. The petitioner had relied on the statement of SI Narender Kumar, I/C PP Raghubir Nagar to contend that the complaint of Smt. Shobha Sharma was marked to ASI Dharam Singh on 1st September, 2005 and later the same was entrusted to the respondent, but he failed to take proper action and kept the complaint with him unnecessarily and also detained prince illegally and had beaten him mercilessly.