STATE Vs. JAHID

JUDGEMENT

(1.) BY the present petition, petitioner seeks quashing of the order dated 13.9.2013 with respect to a direction initiating the departmental proceedings against three senior police officers for non -compliance of the orders dated 7.2.2013, 30.08.2013 and 7.9.2013 and a compliance report was directed to be submitted within six months. Trial court record has been summoned. As per the record of the trial court on 7.1.2013, the trial court had directed and observed:

(2.) NOTICE was issued to the DCP to file a complete report regarding compliance of order dated 7.2.2013. An explanation was rendered to the court on 13.9.2013. On 13.9.2013 from perusal of the record and written submissions of Addl. DCP -1, North East District, Sh. Ved Prakash Surya and the ACP Seemapuri, Sh. Veer Singh Tyagi, the court formed an opinion that order of 7.1.2013 was duly communicated to the DCP North East District. The court also formed an opinion that the order of the Court had not been complied with and accordingly issued the following directions:

(3.) I have heard counsel for the petitioner and gone through the record. It would be useful to reproduce the observations of the Supreme Court in the case of State of Maharashtra Vs. Public Concern for Governance Trust & Ors., AIR 2007 SC 777, wherein the law on the subject was discussed: