SAHIB SINGH Vs. DELHI ADMINISTRATION, DELHI

JUDGEMENT

(1.) The petitioners who were head constables were awarded the punishment of forfeiture of two years approved service permanently by the Dy. Commissioner of Police, Delhi, on 19-7-1979. The present petition is mainly directed against the said order, although incidentally two other orders regarding adverse reports and order reverting them to the posts of constable are also challenged.

(2.) On an F.I.R. lodged by ore Srnt. Chandra Kumari on 15-4-2977, prosecution was launched against head constables Rama Shanker, Sant Raj and Sahib Singh under Section 342, read with Section 34 and Section 376 read with Section 511, I.P.C. The case of the prosecution was that the three constables took her to the police lines and in the quarter allotted to one Jaipal Singh committed sexual intercourse with Chandra Kumari on the night of 14-4-1977 T. S. Oberoi, Addl. Sessions Judge, Delhi, found that the prosecution had not been able to prove its case and, therefore, acquitted all the accused on 26-4-1979. The accused were put on suspension and a departmental proceeding was started against them under Section 21, Delhi Police Act. 1978. The charge was that they committed grave misconduct unbecoming of a member of a police force. Rule 16.3, Punjab Police Rules, enables the authorities to initiate a departmental proceeding against the members of the force acquitted of a criminal charge under certain conditions.

(3.) In this writ petition the validity of the said departmental proceedings is challenged on the ground that the case of the petitioners is not covered by any of the exceptions mentioned in Rule 16.3, Punjab Police Rules. The said Rule reads;