SURENDER KUMAR Vs. KEWAL SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution is directed against the order dated 27.4.2012 of the ADJ, whereby an application under Order 7 Rule 11 CPC filed by the respondents No. 1 & 2 herein, for rejection of the plaint, was allowed, and the plaint filed by the petitioner/plaintiff was rejected.

(2.) The petitioner had filed a suit for recovery of compensation and damages against the defendants (the respondents herein) on the averments that when he was performing his duty as police official, Inspector Roop Kumar Sharma conducted his checking and allegedly found him under the influence of liquor and in possession of two bottles of whisky. The petitioner/plaintiff had alleged that the circumstances were manipulated by both the respondents in connivance with each other, and he was falsely implicated. He was placed under suspension and in the departmental enquiry, he was held guilty, and was dismissed from service; but he was reinstated by the order of CAT and the High Court.

(3.) The respondents filed an application under Order 7 Rule 11 CPC, alleging that the suit filed by the plaintiff/petitioner was not maintainable being barred by Section 140 (1) of the Delhi Police Act (for short the 'Act'). The said application was allowed by the learned ADJ and the plaint was rejected vide the impugned order. The same is under challenge in the instant petition.