LAWS(DLH)-2009-10-266

HARISH CHAND, EX. H.C S/O LATE SH. KRISHAN CHAND Vs. LT. GOVERNOR, NATIONAL CAPITAL TERRITORY OF DELHI THROUGH ADDL. COMMISSIONER OF POLICE, SOUTHERN RANGE, DEPUTY COMMISSIONER OF POLICE, WEST DISTRICT AND DEPUTY COMMISSIONER OF POLICE, DISTRICT WEST

Decided On October 28, 2009
Harish Chand, Ex. H.C S/O Late Sh. Krishan Chand Appellant
V/S
Lt. Governor, National Capital Territory Of Delhi Through Addl. Commissioner Of Police, Southern Range, Deputy Commissioner Of Police, West District And Deputy Commissioner Of Police, District West Respondents

JUDGEMENT

(1.) THE Petitioner is aggrieved by an order dated 1st June, 2001 passed by the Central Administrative Tribunal, Principal Bench in OA No. 865/2000.

(2.) THE Petitioner was working as a Head Constable incharge of the Malkhana where the case property in criminal cases is kept.

(3.) ON these broad facts, a departmental charge sheet dated 14th February, 1988 was issued to the Petitioner containing the following two charges: 1. One motor -cycle made 'Yazdi' bearing regn. No. DEF -9364, chasis No. B -228215 engine No. BD -250 -367537, colour black, was seized vide DD No. 30, dated 06.12.1984 PPP Vihar, PS Nangloi Under Section 60 DP Act, 1978 by HC Kartar Singh (IO) HC Harish Chand, No. 30/W failed to deposit the motor -cycle with the Distt. Nazir but did not physically deliver the motor -cycle to Distt. Nazar. You were asked to daily register the relevant entry by the Distt. Nazar which you did on 18.06.1997, but you did not delete it from road certificate No. 7/21 dated 10.04.1986, at PS Nangloi accordingly. Thus a false entry was made regarding depositing the motor -cycle in the records. 2. One gold chain weighing 20 grams and one scooter engine No. 03E -703/301210 was seized vide FIR No. 34 dated 01.01.1986 Under Section 992/34 IPC, PS Nangloi. You did not deposit the articles with the Distt. Nazar but made entry to this effect vide road certificate No. 15/21 dated 15.04.1986, that the same was deposited. As such you appropriated the article seized in the case.