JITENDER KUMAR Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) ON December 29, 1996, HC Dalip Singh (examined as PW-3 at the domestic inquiry) was performing duty as a Duty Officer at P.S.Chankyapuri from 4.00 PM to 12.00 midnight when he received a telephonic message that two Constables who were armed were teasing public at Vinay Marg. Recording DD No.13A he handed over the same to ASI Bankey Bihari (examined as PW-6 at the domestic inquiry) who proceeded to investigate. Soon thereafter the Security Officer of Ashoka Hotel informed him over telephone that police personnel who were armed had snatched a wrist watch and money from a worker of Ashoka Hotel which fact was recorded by HC Dalip Singh vide DD No.14A. At 11.15 PM the SHO of the Police Station Inspector Sukesh Singh (examined as PW-5 at the domestic inquiry) alongwith ASI Bankey Bihari brought HC Satbir Singh and Ct.Jitender (the petitioner) to the Police Station and during their personal search a wrist watch and Rs.190/- was recovered from the possession of HC Satbir Singh. Whereas Ct.Jitender i.e. the petitioner handed over the Rifle which was issued to him, HC Satbir Singh refused to hand over possession of the pistol and when HC Dalip Singh tried to take the pistol from HC Satbir Singh he aimed the loaded pistol at him and thereafter Ct.Jitender and HC Satbir Singh walked out of the Police Station.

(2.) AFORESAID facts have been deposed to by HC Dalip Singh and corroborated by Inspector Sukesh Singh as also ASI Bankey Bihari. The witness to the recovery of a wrist watch and Rs.190/- are

(3.) IN addition, ASI Bankey Bihari has deposed that on receipt of DD No.13A when he reached Ashoka Hotel he recorded the statement of one Sanjay Kumar the victim who was robbed and further that the complainant had identified HC Satbir Singh and Ct.Jitender as the police personnel who had robbed him when all officials on patrolling duty were summoned at Afghanistan Embassy.