BHAYA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution challenging the order of dismissal of the petitioner a constable, passed by the Superintedent of police by his order of 14th November, 1969, and the further appellate order passed by the Deputy Inspector General of Police (Range) Delhi on 26.3.1971 by which the petitioner's appeal was dismissed excepting dismissal was converted into that of removal.

(2.) On 30th April, 1969, the petitioner was charged under Section 7 of the Police Act with grave misconduct by attending, associating and taking active part in a meeting held on 2nd May, 1968 at New Delhi Municipal Committee, Town Hall from 6 P.M. to 8 P.M. which was said to have been sponsored by the Central Defence Committee of Non-Gazetted Police Karamchari Sangh which was stated to be not a recognised Body of Delhi Police Force without permission from any senior officer. He was thus said to have contravened (1) Punjab Police Rules 14.27(2) provision of Section 3 (1) (b) of the Police Force (Restriction of Rights) Act, 1966 and (3) Section 20 of the Central Civil Services (Conduct) Rules, 1964. The petitioner denied the allegations and maintained that he had not attended the meeting. The Respondents however found that the petitioner had participated in the meeting in as much as he had attended the same. There was no finding that he spoke at the meeting nor that he played any other part in arranging the meeting. His presence at the meeting was however considered sufficient by the dismissing authority to have contravened the said rules and that is why an order of dismissal was passed. The appellate authority agreed with the order of the Superintendent of Police and affirmed its finding but converted the punishment of dismissal from service to that of a removal. The petitioner being aggrieved has come to this court in writ petition.

(3.) Mr. Dhar wanted to urge that the petitioner did not attend a meeting and that there was no legal evidence to that effect. But this was a futile effort as I cannot reopen this finding being one of fact. For the purposes of this petition it must be accepted that the petitioner did attend a meeting held on 2.5.1968 in New Delhi, M.C. Town Hall. But the crucial question still is whether he has thereby contravened the rules with which he has been charged. Now Punjab Police Rule 14.27 and Rule 20 of the CCS (Conduct) Rules, 1964 deal more or less with the same matter. They prohibit soliciting of extra departmental influence or canvassing of non-official or other outside influence. Rule 14.27 of P.P.R. (so far as relevant) reads as Police Officers of all ranks are forbidden to approach officials of other departments or non-official gentlemen for support in pressing individual claims in the matter of promotions, transfers, punishments and appeals etc. Rule 20 C.C.S. is as follows :-