CONST VIRENDER Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Cm No. 28124/19 We have heard the submissions of counsel for the petitioner and perused the application. The application is allowed.

(2.) The allegations against the petitioner are that while he was posted at P.S. New Ashok Nagar, he was assigned PSO duty from 8 A.M. to 8 P.M. on 03.09.2008 with one Virender Rawat, residing in the area of P.S. New Ashok Nagar. The petitioner was issued 9 MM pistol with 5 cartridges from P.S. Malkhana in his name but he did not deposit it back in P.S. Malkhana after his duty hours on 03.09.2008. Later, while he was returning home, in the night intervening of 03 & 04.09.2008 at 12.15 hrs., he was robbed of his service pistol with 5 live cartridges and his purse containing Rs. 29,000.00. FIR bearing No. 462/2008 U/s 392/34 Penal Code was registered. The petitioner was got medically examined on the same night in Dr. Hedgewar Hospital vide MLC No. 13056/08 and he was found under the influence of liquor.

(3.) A detailed departmental enquiry was held against the petitioner, wherein he was found guilty by the Enquiry Officer. The discussion of the evidence found in the enquiry report reads as under :-