KAMLESH Vs. GOVERNMENT OF NCTD & OTHERS

JUDGEMENT

(1.) The petitioner has challenged the order dated 17th November, 2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A.No.1207 of 2008, titled as "SI Kamlesh v. Government of NCTD & others", whereby the original application of the petitioner seeking quashing of order dated 11th June, 2007 imposing punishment of forfeiture of two years approved service permanently entailing proportionate reduction in the pay was dismissed. On the allegation of not discharging the duties as expected of petitioner and others, a common enquiry was initiated against the petitioner and other police officials resulting into punishment order dated 11th June, 2007. The appeals filed by the petitioner and others were rejected by order dated 18th January, 2008. Against the dismissal of appeal, the petitioner filed an original application No.505 of 2008 and another ASI Lal Ji Tiwari filed another original application No.1207 of 2008 which were also dismissed by a common order dated 17th November, 2009 which is challenged by the petitioner/Ms. Kamlesh in the present writ petition. The Tribunal had rejected the plea of the petitioner that there should have been separate references on the ground that such objections had not been taken up earlier and since the material to be relied on to a great extent were common, therefore, clubbing of the references was not irregular and was permitted by law.

(2.) The Tribunal noticed that the charges against the petitioner regarding not registering a case of criminal house trespass on 24th March, 2004; nor making proper enquiries from the occupants of the said property who were in possession, not bothering to peruse the Court order produced by Sh.Satya Pal Singh, the husband of the complainant. The charge against the petitioner was of highhandedness and arrest of the owner of the property, Sh.Satya Pal Singh who was in possession of the property along with Sh.Rajender Singh Bedi, whereas the father of Rajender Singh Bedi, namely Sh.Joginder Singh Bedi who was the main aggressor was not arrested. The charge against the petitioner was to hush up the matter by recording compromise between both the parties at P.S.Preet Vihar, twisting the facts into a civil matter and Satya Pal Singh was forced to sign the compromise and pursuant to alleged compromise handing over the keys of the property to Shri. Raj Kumar Sharma, a third person alleged to be the President of Mohalla Sudhar Committee. The Tribunal considered the complaint against the petitioner which was recorded pursuant to of DD No.22A received through PCR on 24th March, 2004. The petitioner had gone to the property and came back with two persons and had registered an FIR and incarcerated them. The allegation against the petitioner was that after reaching the site she did not make enquiry and had brought two individuals to the police station and arrested them and remand them to the judicial custody, but letting off persons, who were involved in the criminal action, and had forced unwilling persons to sign documents, and part with property.

(3.) The Tribunal considered the evidence against the petitioner including the facts established that Satyapal Singh, the husband of the complainant had shown paper relating to his possession including the Court Stay Order which were not accepted by the petitioner and she only asked him to hand over the Central Lock key which was later on handed over to a third person namely Sh.Raj Kumar Sharma. From the testimony of the witnesses before the enquiry officer, it was also inferred that the possession of the Smt.Shama was disturbed and though there was a clear indication of trespass, the petitioner let off the aggressor Sh.Joginder Singh Bedi and arrested the complainant and one Sh.Rajender Singh Bedi. The Tribunal also considered the testimony of the witnesses produced on behalf of the petitioner and held that even those witnesses in place of supporting the case of the petitioner rather suggests that the incident had taken place and the petitioner was involved.