KISHAN LAL Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Petitioner is a Head Constable in Delhi Police. He has preferred the present Writ Petition against the Order and Judgment dated 3rd November, 2003 passed by the learned Central Administrative Tribunal dismissing his Original Application No. 1165/2003. Learned Tribunal by the impugned Order has upheld the punishment of withholding of one increment with cumulative effect for a period of two years, passed in the departmental proceedings initiated against the petitioner.

(2.) Disciplinary proceedings were initiated against the petitioner on the following charge:- â â ¢ ¢ ¢ ¢â ¬ … â ¬ ¢â ¬ ¦ ¢ ¢â ¬ …â I, Inspector, Dharampal Singh charge you HC Kishan Lal No.288/ND while posted at Security picket, New Delhi Distt. On 13.3.2002 you were called by DO/SI Ajay Bali. On asking about the whereabouts of constable, Krishan Kumar No. 597/ND your Mess Munshi you told the SI that your Munshi constable Krishan Kumar had been permitted rest by Chitha Munshi HC Brij Nandan who showed his ignorance about any such permission to constable Krishan Kumar. You then stated that you were Mess Manager and could leave your Munshi for â ¢ ¢â ¬ … ¢â ¬ â ¾ days and for that you required no permission from anybody. SI Ajay Bali then directed you HC Kishan Lal to perfrom duty at BD-15 picket as there was shortage of staff for duties. You refused to perform the said duty. After short while you came to duty officer room and stated that â â ¢ ¢ ¢ ¢â ¬ … â ¬ ¢â ¬ ¦ ¢ ¢â ¬ …â tere jaise kuture thanedar sadakon par bhikh mangte phirtey hain aur tere jaise thanedaron ki wajah se jum sipahi public se pittey hain. Police ka bedagark hi tere jaise officers ne kiya hai. Tu kal ka bharti hoga aur tu mujhe sikha raha hai ki police working kya hai â â ¢ ¢ ¢ ¢â ¬ … â ¬ ¢â ¬ â . You abused the SI/DO and attempted to assault the SI with the helmet which was snatched from you by wireless operator HC Pradeep Kumar. You, HC Kishan Lal No. 288/ND in the presence of constable Mahavir No. 447/ND HC Nandan No.245/ND, HC Pardeep Kumar No. 79/Commn., constable Sandeep Kumar No. 389/ND, constable Ajeet No. 431/ND and constable Wazir Singh No. 860/ND continued to abusing the SI and tried to assault him again and again and stated â â ¢ ¢ ¢ ¢â ¬ … â ¬ ¢â ¬ ¦ ¢ ¢â ¬ …â Tum to refugee sale aakar hamain sikhago police ke bare mein, main chahoo to tujhe abhi suspend karva sakta hoon too mujhe nahin janta main kaun hoon. Ek bar koi allegation laga diya to maf nahin kiya jaoge â â ¢ ¢ ¢ ¢â ¬ … â ¬ ¢â ¬ â . The SI lodged the above facts in the roznamcha vide D.D. No. 6 dt.13.3.2002. You after going through this entry of SI, recorded D.D. No.7 to counter the report of SI and reported false facts in the roznamcha. The above act on the part of you HC Kishan Lal No.288/ND amounts to gross misconduct, grave indiscipline, refusal for duty and disobeyence of lawful directions of your senior officer which render you unable for punishment under the provisions of Delhi Police (Punishment and Appeal) Rules, 1980 and Section 21 of Delhi Police Act,1978 â â ¢ ¢ ¢ ¢â ¬ … â ¬ ¢â ¬ â .

(3.) Enquiry report dated 18th August, 2002 was submitted by the Enquiry Officer holding that the charge against the petitioner stands proved. The disciplinary authority after examining the entire matter imposed the punishment of withholding of one increment with cumulative effect for a period of two years vide Order dated 14th October, 2002. Appeal filed by the petitioner was also rejected by the Joint Commissioner of Police on 19th April, 2003.