JAI KISHAN SHARMA Vs. UOI & ORS

JUDGEMENT

(1.) The petitioner has filed the present petition impugning an order dated 05.10.2009 passed by respondent no.2 (Commissioner of Police), whereby the disciplinary proceedings initiated against respondent nos. 3 & 4 have been withdrawn. The petitioner also challenges the promotion awarded to respondent nos. 3 & 4. In addition, the petitioner also seeks an order directing respondent Nos. 1 and 2 to grant sanction under Section 140 of the Delhi Police Act, 1978.

(2.) Briefly stated, the relevant facts are that the younger brother of the petitioner - Sh Jai Prakash Sharma - filed a complaint on 12.06.2002 with P.S. Nangloi against the petitioner. Respondent no. 4 who, at the material time, was a Sub Inspector conducted the preliminary inquiry in the matter.

(3.) The petitioner claims that respondent nos. 3 & 4 took possession of the petitioner's car (vehicle bearing registration no. DL-4CN-1634) and handed over the same to petitioner's younger brother, Jai Prakash Sharma. This is disputed by respondent nos. 3 & 4 and it is claimed that the petitioner had voluntarily handed over the car to his brother as the same was registered in his name. A statement to this effect was also recorded and a copy of the same has been filed along with the counter affidavit filed on behalf of respondent no.2.