MAHENDER SINGH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) This writ petition is directed against the order dated 04.7.2011, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the Tribunal ) in OA No. 1719/2010, filed by the petitioner was dismissed.

(2.) The petitioner is a Head Constable in Delhi Police. He was charge-sheeted on the allegation that on 19.2.2008, while posted at Aaya Nagar Police Picket, he stopped a van carrying SI Sanjay Gupta and Head Constable Ranbir of Vigilance Branch of Delhi. The petitioner pointed out to SI Sanjay Gupta and Head Constable Ranbir that they had not put on their seat belts and asked SI Sanjay Gupta to show his driving licence. It was further alleged that the petitioner told them that they were liable to pay Rs 1200/- as fine. Thereafter, SI Sanjay Gupta talked to the petitioner so as to settle the matter without issue of challan. The petitioner told him that the matter could be settled on payment of Rs 200/- which he should pay to one Constable Jagdish, who was standing nearby. At this stage, Inspector Raj Singh switched on the video camera and took photographs of Constable Jagdish accepting two currency notes of Rs 100/- each from SI Sanjay Gupta and putting them in his pocket. The currency was recovered from the pocket of the trouser, which Constable Jagdish was wearing. The petitioner was caught on the spot, but, taking advantage of a scuffle which ensued there, Constable Jagdish pushed Inspector Raj Singh aside and fled from the spot.

(3.) The Inquiry Officer concluded that it had been established that the petitioner and Constable Jagdish Singh had indulged in corrupt practice since the petitioner has stopped the vehicle, settled the matter for Rs 200/- for not challaning SI Sanjay Gupta, and Constable Jagdish Singh, on instructions from him, had accepted the amount of Rs 200/-, which was later recovered by the Vigilance Team from his pocket. Vide order dated 16.11.2009, the petitioner was removed from service. The appeals filed by the petitioner as well as Constable Jagdish were dismissed by the Appellate Authority. The OA filed by the petitioner having been dismissed by the Tribunal, he is before us by way of this writ petition.