EX.CONST.AJAYVIR GULIA Vs. UOI

JUDGEMENT

(1.) Notwithstanding the factual matrix of the three captioned writ petitions being different, they are being decided by a common decision on account of the singular commonality, which is at the core of the matter, pertaining to interpretation of Rule 12 of the Delhi Police (Punishment & Appeal) Rules, 1980. To highlight the core of the matter pertaining to the interpretation of the said Rule, the facts of the three cases would require to be noted, and as one would be noting the facts, the issue arising would emerge.

(2.) Ajayvir Gulia, hardly a 'vir' (has not displayed any act of bravery) seeks to be declared 'Ajay' i.e. "victorious' by vanquishing the department i.e. Delhi Police and regain job as a Constable in Delhi Police. On a statement made to the police by Ms.'S' an FIR No.1065/2002 dated December 04, 2002 for offences punishable under Section 376/342/506/34 IPC read with Sections 25/27 of the Arms Act PS Nangloi was registered. As per the statement made by Ms.'S', she was seeking employment and came across an advertisement of Surender Security Services which had provided the mobile No.9811844420 and when contacted, a person who gave his name as Ajayvir spoke to her and told her to be in touch with the said person. On December 02, 2002, Ajayvir contacted her and requested her to come near Sunil Dairy, Chander Vihar, Nangloi on December 03, 2002, informing her that she would be picked up from there and taken to the place of the prospective employer for being interviewed. Accordingly on December 03, 2002 she went to Chander Vihar from where Ajayvir with two more persons picked her up in a Maruti car and took her to a building where, at a dagger point, Ajayvir raped her and a person who was being called Mukesh stood guard outside. After the rapist and his accomplice had left she went home and lodged a complaint over telephone No.100. The FIR was registered in the middle of the night at around 1.00 AM and this explains the date of the FIR being December 04, 2002.

(3.) The person Ajayvir turned out to be none else other than the petitioner of W.P.(C) No.4387/2007. He along with Mukesh Kumar were charge-sheeted in Sessions Case No.48/2003, at which apart from Ms.'S', her sister Amita and Nisha, her brother-in-law Vipul and police officers associated with the investigation were cited as witnesses.