BIJU VARGHESE Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner, Constable Raju Varghese was served with a memorandum for having indulged in an act of extortion by demanding a sum of `15,000/- from one Yahiya Khan. The summary of allegations which were conveyed to him along with the memo dated 17.07.2002 reads as under: It is alleged against constable Biju Varghese No.3172/SD and constable Bhagwati Prasad No. 1798/SD that while posted at police station Hauz Khas South Distt, New Delhi, on 13.02.2002 both of them approached one Sh. Yaha Khan R/o 3011, Bashiruddin Gate, Kali Masjid, Turkman Gate Delhi at evening time while he was sitting with his wife Saira in Rose Garden in area of police station Hauz Khas. You threatened for false implication and demanded money and took out `1000/- or `1200/- along with driving license from the pocket of Sh. Yaha Khan during the search, & further demanded `15000/- more. Accordingly a raid was organized by the flying squad of vigilance branch, PHQ on 18.02.02 & both of them were caught red handed while accepting `3000/- from Sh. Yahya Khan near Rose Garden gate Hauz Khas. The money was recovered from the possession of both of them along with the driving license of Sh. Yahya Khan which was returned to the complainant after acceptance of money. You constable Biju Varghese was also carrying a mobile phone number 9811327053 & its cash card was also seized by the raiding party. You constable Biju Varghese was also having a motor cycle number DL-8SR-0553. The above act amounts to gross misconduct & unbecoming of a government servant on parts of constable Biju Varghese No.3172/SD & constable Bhagwati Prasad No.1798/SD which renders liable for departmental enquiry under the provisions of Delhi Police (Punishment & Appeal) Rules 1980.2. It may be observed here that vide order dated 19.02.2002, the petitioner was placed under suspension.

(2.) The disciplinary authority appointed an inquiry officer who after recording evidence, framed charges against the petitioner in accordance with the Delhi Police (Punishment & Appeal) Rules (for short `the Rules') which reads as under: I Rakesh Kumar, Inspr. E.O. charge you Constable Biju Verghese No.3712/SD(PIS No.28941819) and Bhagwati Prasad No.1798/SD(PIS No.28860641) that on 13.02.2002, while posted at police station Hauz Khas you approached one Shri Yahiya Khan R/o 3011, Naseeruddin Gali, Kali Masjid, Turkman Gate, at evening time while he was sitting with his wife Saira in Rose Garden, Hauz Khas. You threatened the complainant of false implication and demanded money and took out `1000/- or `1200/- with his driving license from his pocket during his search and further demanded `15000/-. Accordingly a raid was organized by flying squad of Vigilance Branch on 18.02.02 and both of you were caught red handed while accepting `3000/- from the complainant at Rose Garden Gate, Hauz Khas. The money was recovered from the possession of you constables along with the driving licence of complainant, which was being returned after acceptance of money. You Ct. Biju Verghese was also carrying a mobile phone No. 9811327053 and its cash card was also seized. You Ct. Biju Verghese was also having a motor cycle No.DL-8S-R-C553. The above act amounts to gross misconduct and unbecoming of Govt. servant on the parts of constables Biju Verghese No.3712/SD and Const. Bhagwati Prasad No.1798/SD which renders you liable for departmental action under the provisions of Delhi Police (Punishment & Appeal) Rules 1980. (RAKESH KUMAR)E.O. INSPECTOR: D.E.CELL:DELHI

(3.) The enquiry officer examined four witnesses as desired by the petitioner and thereafter gave his report after taking into consideration the written statement of defence submitted by the petitioner dated 11.03.2003.