BALBIR SINGH Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) PETITIONER , ASI Balbir Singh and Ct.Mohandas had faced a joint inquiry when summary of allegation was served upon the two on January 25, 2008 alleging that on November 02, 2007 when en-route to the Office of the DCP (North-East), Insp.Hira Lal and SI Pawan Kumar Thakur crossed ISBT at around 04:50 PM and found three light commercial vehicles bearing No.DL-1L-4253, DL-1LA-7884 and HR-46- 5239 parked on the roadside and saw one ZO (the petitioner) and one Constable prosecuting the commercial vehicles. The two officers took position at Y Point, Dharampura ­ GT Road and waited for the vehicles to arrive. At 05:15 PM vehicle HR-46-5239 arrived and the two other vehicles did not arrive. Ombir, the driver of the vehicle was asked by Insp.Hira Lal to produce a copy of the challan at which he replied that he was not fined and was let off by the traffic staff at ISBT flyover accepting gratification in sum of Rs.100.00. The statement was recorded at the spot, as per which he stated that when he reached ISBT flyover a traffic constable stopped his vehicle and took the RC and permit. He was taken towards the ZO (the petitioner) who was sitting on a motorcycle cutting challans and in the meanwhile the traffic constable threatened to seize his vehicle if Rs.100.00 was not paid. He gave Rs.100.00 and the ZO also looked at him and towards the vehicle. Thereafter he left the vehicle. It was thus alleged that the act was a grave misconduct.

(2.) WE need to highlight at this very moment that with respect to when Rs.100.00 was given to Ct.Mohandas by way of bribe, the role of the petitioner, as per the summary of allegation, and we reproduce verbatim, is: 'Thereafter he was taken by the Traffic Constable towards the ZO who was sitting on a motorcycle and prosecuting other vehicles. Meanwhile, the traffic constable threatened him of seizing his vehicle if he does not pay some gratification immediately. Then he gave Rs.100.00 (single note) to him, the ZO also looked at him and towards his vehicle.'

(3.) IN his defence the petitioner produced photostat copies of challans being 12 in number which he had issued for traffic violations between 04:20 PM and 05:15 PM to bring home the point that he had diligently prosecuted the offending vehicles. That Insp.Hira Lal never went to the Traffic Circle at Civil Lines and sent a false report.