EX CONSTABLE RAM KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The impugned judgment is dated 8.4.1981. This had been passed by the first Appellate Court endorsing the judgment and decree of the Trial Judge dated 7.5.1980 thereby dismissing the suit of the plaintiff.

(2.) The plaintiff before the Trial Court is the appellant before this Court. The appellant was appointed as a constable with the Delhi Police on 21.6.1974; he was posted at the Police Post Tank Road falling within the jurisdiction of police station Karol Bagh. The appellant accompanied by Sub Inspector Chandan Singh during the investigation of a case had allegedly entered into a shop i.e. the shop bearing No. 1590, belonging to Om Prakash wherefrom a bag of containing broken utensils suspected to be stolen property were taken into possession. It had further been alleged against the appellant that he along with the Sub Inspector had beaten Om Prakash and an amount of Rs.450/- had been demanded from him; the said amount had been accepted as an illegal gratification by the appellant and his accomplice i.e. Sub Inspector Chandan Singh. A departmental inquiry had been ordered and conducted against the appellant. Pursuant thereto the appellant had been dismissed from his service on 19.3.1976.

(3.) Plaintiff had filed a suit for declaration seeking a declaration to the effect that this order of dismissal dated 19.3.1976 was illegal, against the rules and violative of law; the same be struck down and the plaintiff be re-instated in service.