KHAZAN SINGH Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) A joint departmental enquiry was held against Inspector Manju Dubey, HC Bhajnatri and the petitioner Ct.Khazan Singh. The contours of the indictment as per the Summary of Allegations were that on the intervening night of November 1st and 2nd of the year 2007 Inspector Surjeet Malik alongwith SI Jagdish Kumar were directed to check Apsara and Maharaj Pur Border and while on their way as they reached near Dhaula Kuan at 11.30 PM they noticed one Head Constable and one Constable in traffic uniform having stopped Truck No.HR-55 B 1982 with conversation going on between a person in civil clothes who seemed to be the driver of the truck and the said two police personnel, which roused a suspicion of foul play during checking. Inspector Surjeet Malik and SI Jagdish Kumar saw the person in civil clothes hand over something to the Head Constable and thereafter the truck drove towards Ridge Road and was stopped by the two officers at a distance of 300 to 400 meters from the checking points. The driver of the truck, Munfaiz Son of Ruzdar informed that he was a driver with Jain Carrier Corporation and that he used the route frequently and makes entry on to Ridge Road (a No Entry road) after bribing the police and that today the Head Constable demanded Rs.100.00 and that on his expressing inability to bribe Rs.100.00, negotiations resulted in the demand being reduced to Rs.50.00 for the police officers to permit him to drive his truck on to Ridge Road. Mufaiz was taken back to the checking point where HC Bhajnatri and petitioner Ct.Khazan Singh of the traffic police department were found performing duty by putting one iron barricade. They recorded the statement of the driver and went to the office of the Delhi Cantt. Circle to check the duty roster and found that neither HC Bhajnatri nor Ct.Khazan Singh were deployed for duty at the Dhaula Kuan flyover at the loop towards Ring Road and thus it was apparent that the two were checking vehicles illegally and demanding illegal gratification. The duty roster was found incomplete, in that, duty points were mentioned in the roster without names of traffic personnel; for the reason Inspector Manju Dubey was responsible for deploying the staff, she had been negligent in discharge of her duties.

(2.) WE would not be concerned with the indictment against Inspector Manju Dubey or HC Bhajnatri for the reason though indicted, HC Bhajnatri died on May 14, 2010 before the disciplinary authority could consider the report of the enquiry officer against him and as regards Inspector Manju Dubey, evidence surfaced that due to heavy rush of work on account of VVIP duty she was short on time and probably this was the reason why she could not fill all columns of the duty roster, resulting in she being exonerated.

(3.) COMPLYING with the procedure of the law and framing a charge which was served upon the petitioner as also co-delinquents, and noting that in respect of the charge, no issues were raised before us, we note that proceeding to record defence evidence consisting of only DW-1 Shri Jainuabdin, the helper of the truck, who deposed that no bribe was demanded and much less paid and that some police officers took signatures of the driver Munfaiz on a piece of paper, the enquiry trotted on.