KUNDAN LAL Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The petitioner has filed this Writ Petition under Art. 226 of the Constitution praying that the respondents may be directed to drop the disciplinary proceedings which have been ordered to be taken against him after he was acquitted by a criminal court in respect of a corruption charge; he has prayed further that the period during which he was under suspension, namely, from 16-11-1968 to 20-2-1971, should be treated as period spent on duty in respect of which period also he should be paid as usual along with increments earned by him etc.

(2.) It will be necessary tjo notice at some length the facts that have led to the filing of this Writ Petition.

(3.) The petitioner was appointed as a Foot Constable on 24 9-1947, confirmed as Head Constable on 13.9-1954 and promoted as A. S. I. on 15-11 1963; his name was entered into the Promotion E list on 19.9.1964 and he was officiating S. I. from 5-1.1965. When he was working as a Sub-Inspector in November 1968 in Police Station, Kotla Mubarakpur he was charge-sheeted under section 5 (2) read with section 5 (1) (d) of the Prevention of Corruption Act, 1947 and section 161, I. P. C. for having allegedly obtained Rs. 100/. from ore Khajan Singh as illegal gratification for showing him favour in the investigation of case FIR 543 dated 20.10-1963 under section 325/334. I. P. C. of that Police Station taking advantage of Khajan Singh's keenness to add sections 452/148, I. P. C. also to the Challan. The petitioner was placed under suspension from 16-11.1968. He was however, acquitted by the learned Special Judge, Delhi (Shri Muni Lal Jain) on 21-1-1971. An appeal against the said acquittal was dismissed by a Division Bench of this Court on 21-2.1971.