KHEMANDER PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is directed against the order dated 21st September, 2001 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No. 2510/01 preferred by the petitioners. By said order, the Tribunal has dismissed the original application filed by the petitioners.

(2.) The petitioner No.1 and 2 are working with Delhi Police. In August, 1998, they were both posted as Sub-Inspector at police station, Seemapuri. On 9th August, 1998, petitioner no.1 was in the area of police station, Seemapuri. At about 9.40 pm he reached near L-Pocket, Dilshad Garden where he found vehicles were parked in the middle of the road by the customers of 'Rasoi' restaurant which was creating problems in the smooth flow of traffic. Certain counters, chairs and tables were also found to have been laid out by the owners of the restaurant on the pavement. According to the petitioners, looking to the inconvenience caused to the public they stopped there and talked to the owners of the restaurant and advised them to require their customers to park their vehicles in a manner so as not to cause any problem in the smooth flow of traffic and also to remove the counter, chairs and tables pitched on the pavement. Admittedly, after some interaction with the owners of the restaurant namely Sh. Dinesh Kumar and his brother Sh. Harish Kumar, the petitioners took them to the police station. It is claimed by the petitioners that at the request of persons from the market and on the assurance of good behaviour given to the SHO, Dinesh Kumar and Harish Kumar were directed to be released by the SHO. It is claimed by the petitioner that they were released at about 10.50 pm and the same was recorded by them in the daily dairy.

(3.) Sh. Dinesh Kumar and Sh. Harish Kumar lodged complaints against the petitioners and two others wherein they complained of being illegally taken to the police station, being beaten up and of being detained in the police station till about 4.00 am in the morning of 10th August, 1998. A preliminary enquiry was initiated, inter alia, against the petitioners which was conducted by Sh. D.R. Birdhi ACP/PG Cell. He submitted his enquiry report dated 13th August, 1998. It appears that during the course of his preliminary enquiry, the medical examination of the two complainants was got conducted which showed that they had been beaten up.