YASHBIR SINGH Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) It was Diwali night between 18th and 19th October, 1971. One Sis Ram, a head constable, and the present petitioner, Yashbir Singh, a constable, were on patrol duty on that night in the area of Jama Masjid. They brought two persons-Ram Saran and Siri Chand-to the Police Station of Jama Masjid without any rhyme or reason. On their way to the police station, the head constable and the petitioner divested Ram Saran of Rs. 66.45 which he had on his person and misappropriated the same. Ram Saran and Siri Chand were detained in the police station and beaten. They were released only after Ram Saran's brother came to the police station and paid Rs. 45.00 as an illegal gratification.

(2.) A departmental inquiry was launched against Sis Ram and the present petitioner after obtaining the permission of the District Magistrate under the Punjab Police Rule 16.38. The Inquiry Officer held them guilty of grave misconduct in the discharge of their official duties. The Additional Superintendent of Police agreeing with the findings of the Inquiry Officer awarded punishment to the petitioner. The punishment he awarded was forfeiture of 3 years approved service and reduction in pay.

(3.) The petitioner preferred an appeal to the Deputy Inspector- General of Police. This appeal proved to be his undoing. The D.I.G. thought that the petitioner has been dealt with leniently and ought to have been awarded severe punishment. He issued notice to him to show cause why punishment be not enhanced and why an order of dismissal from service be not made. He heard the petitioner. He came to the conclusion that the allegations of corruption against the head constable and the petitioner were fully proved. He, therefore, ordered that they be dismissed from service with immediate effect.