BHOPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition was filed in this court challenging the dismissal of the petitioner by the Commandant, Delhi Armed Police by his order of 9th July, 1968. The appeal filed, and then further as revision also failed as per the order of the Inspector General of Police, Delhi dated 5-6-1969. The dismissal was a sequel to what is common by known as 'agitation of Delhi Policemen in 1967'.

(2.) It appears that the policemen in Delhi had been agitating for improvement of their conditions of service and some other demands. The demands of the policemen were apparently supported by quite number of organisations including political parties. In that context a meeting sponsored by Samyukat Socialist Party (S.S.P.) was held on 1-8-1967 at Kingsway camp crossing, in support of the demand of the Delhi policemen and also to plead the cases of dismissed or suspended policemen. The petitioner was charged that he took part in that meeting and this amounted to grave misconduct as taking part in a political meeting in contravention of the Punjab Police Rules 14.30(1) and Rule 5(1) of the Central Civil Services (C) Rules, 1964.

(3.) Though the petitioner denied having attended the meeting the finding of the Enquiry officer was that the petitioner did attend the meeting which was held by the S.S.P. and addressed by their leaders. It is also clear from the finding that apart from having sat in the meeting the petitioner played no part in organising or speaking in the meeting. The diciplinary authority however held that the presence of the petitioner in the meeting was enough to attract the applicability of Punjab Police Rules 14.30(1) and Rule 5 of the Central Civil Services (Conduct) Rule as and therefore awarded the penalty of dismissal to him. This order was upheld in appeal and revision. To complete the story it appears that later on there was a review of some of the cases and the Government took a policy decision to convert the order of dismissal into an order of removal. Accordingly, the Lt. Governor passed the order dated 15th April, 1971 converting the 'dismissal' order into removal order with respect to the petitioner and some others. The petitioner was not reinstated in the police department but was offered fresh appointment in the B.S.F. on 24-5-1971 (as mennoned by him in the amended petition). The petitioner however refused this offer as according to him this would have meant a break in service and starting his career afresh. He, therefore, prayed for quashing the dismissal order as upheld upto revisional stage as well as removal order dated 15-4-1971.