BRAHAM DUTT Vs. DELHI ADMINISTRATION AND OTHERS

JUDGEMENT

(1.) The petitioner who was a head constable in the Delhi Police was tried and convicted for an offence under section 354, Indian Penal Code, by the Court of a Judicial Magistrate, First Class, vide judgment, dated 20 July 1970. He was, however, given benefit of probation under section 4 of the Probation of Offenders Act. An appeal against his conviction and sentence was dismissed by the Sessions Judge, Delhi. A revision petition filed in this Court, it is averred in Para. 5 of the writ petition, was withdrawn. In the meanwhile, he was served with a memorandum and summary of allegations informing him that a departmental enquiry under the Punjab Police Rules was proposed to be held against him. The summary of allegations was in the following terms :

(2.) The petitioner submitted a reply to the allegations and also a written statement of defence (annexures F and G, respectively, to the writ petition).

(3.) Thereafter, it appears from the findings of the enquiry officer (copy annexure H) that charges were framed during proceedings. The petitioner was given an opportunity to lead defence evidence. Vide order passed on 14 June 1971, the petitioner was served with a show-cause notice by the Superintendent of Police, C.I.D., S.B., Delhi, who tentatively proposed to dismiss the petitioner. After considering the reply to the show-cause the petitioner was dismissed. There Later, he filed an appeal which was dismissed. A revision application against the order of dismissal from the police force was also dismissed by the Inspector-General of Police.