GURDEEP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, an Assistant Sub Inspector of Delhi Police has challenged the order dated 3rd September, 2004 of the Central Administrative Tribunal in O.A No.20/2004 titled Gurdeep Singh v. Union of India through Secretary, Ministry of Legal Affairs, New Delhi and others dismissing his petition against the order dated 16th September, 2002 of the disciplinary authority imposing punishment of reduction in rank from Sub Inspector to Assistant Sub Inspector, and dismissal of his departmental appeal by order dated 24th July, 2003 passed by the Appellate Authority.

(2.) Brief facts to comprehend the disputes are that a departmental enquiry was initiated against the petitioner and constable Rajbir Singh co-defaulter by order dated 12th September, 2001 on the allegation that on 21st July, 2001 while posted in Hauz Khas traffic circle, at M.B.Road about 1 km ahead from Saket/Neb Sarai Traffic T Point they were collecting illegal entry money from commercial vehicles.

(3.) The allegation of collecting illegal entry money from commercial vehicles was based on an incident in which at about 12.20 PM co- accused Constable Rajbir Singh stopped truck No.HR 38E-9439 coming from Lado Sarai side and going towards Badarpur side and asked the driver Imtiaz of Shiv Transport Company Hapur (U.P) to get down and took him to ZO/SI Gurdeep Singh/petitioner. Rs.150/- was demanded and accepted out of which Rs.100/- was challan money and Rs.50/- was illegal entry money. One of the currency note of denomination Rs. 50 which was received by Rajbir Singh was found to be counter signed by the PRG team. It was alleged against the petitioner and Constable Rajbir Singh that they had assembled at the spot with common malafide intention to collect illegal entry money from commercial vehicles. Against the petitioner the allegation was also made that instead of restraining his subordinate from indulging in illegal activities he was also instrumental in collecting illegal entry money from commercial vehicles and, therefore, their acts amounted to gross misconduct and dereliction in discharge of their official duties and they became liable to be dealt with departmentally under the provision of Delhi Police (Punishment and Appeal) Rules, 1980.