KRISHNAN PAL Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) PETITIONER is working as a Constable in Delhi Police. A joint departmental enquiry was ordered against the Petitioner, Constable Balraj singh and Head Constable Kanwar Pal on the allegations that in the night intervening 3rd/4th September, 2005 they, while posted at P. S. Kalyan Puri were found indulging in malpractices like demanding illegal entry money from the commercial vehicles on the pretext of checking the non-destined vehicles.

(2.) A special team comprising Inspector P. P. Singh, Inspector Sukhram and SI Anil Kumar was constituted under the supervision of ACP/prg for verifying the information about taking of bribe by the policemen from the drivers of commercial vehicles entering Delhi. At about 11 p. m. special team took position near the Toll Plaza at Ghazipur Border. After some time a truck bearing No. HR-38-K-1762 was stopped by them and on enquiry-it was revealed by the driver Rajesh Kumar that three police personnel in khaki uniform stopped his truck near the Toll Booth and after checking the papers, told him that he was not authorized to enter into Delhi as the invoice was addressed to Bombay. They told him that he should pay Rs. 100/- to them as entry money or to take his truck back. Accordingly he paid Rs. 100/- to those police officials. PRG team along with driver Rajesh Kumar went to the spot where bribe was paid and there the Petitioner along with Head Constable kanwar Pal and Constable Balraj Singh was found present. Petitioner and the other two police officials were identified by the driver Rajesh Kumar as the same policemen, who had taken Rs. 100/- from him as entry money. While the members of the PRG team were talking with the Petitioner and other constable, SI Anil Kumar noticed that Head Constable Kanwar Pal, took out some currency notes from his pocket and threw them in the bushes. Currency notes were picked up by SI Anil Kumar and counted and the total amount was found to be Rs. 2700/ -. Currency notes along with the photocopies of the invoice and toll tax receipt were seized vide a seizure memo. On enquiry it was revealed that Head Constable Kanwar Pal and the petitioner were detailed for patrolling duty; whereas Constable Balraj Singh was on duty at Buchar Khana , Ghazipur.

(3.) INQUIRY Officer submitted his report before the Disciplinary authority after completing the Inquiry. Thereafter Disciplinary Authority vide order dated 15th September, 2006, agreed with the findings recorded by the Inquiry Officer and held the Petitioner, Head Constable Kanwar Pal as well as other Constable guilty of the charges and awarded punishment of withholding of one increment for a period of five years permanently.