LAWS(DLH)-1989-3-54

MALKIYAT SINGH Vs. DELHI ADMINISTRATION

Decided On March 08, 1989
MALKIYAT SINGH Appellant
V/S
DELHI ADMINISTRATION Respondents

JUDGEMENT

(1.) This order will dispose of the two appeals, one by Constable Malkiyat Singh, being L.P.A. 242/80 and the other by A.S.I. Jagrup Singh, being L.P.A. 241180, arising out of a common judgment of the learned Single Judge dismissing their petitions under Article 226 of the Constitution of India assailing the validity of their dismissal from police force on the charge of molesting a young girl while in their protective custody.

(2.) FIR No. 728173 was registered on May 25. 1973 at police station Daryaganj under Sections 363/366 Indian Penal Code on a complaint by one Shri Narinder Kumar, father of Miss Shashi Bala against Shri Mohinder Kumar Gupta, son of Shri Trilok Chand, r/o Mohalla Garhi Pilhwa District, Meeru. alleging therein that he had kidnapped Shashi Bala under 18 years from lrwin Hospital, New Delhi, with intention that she may be forced to illicit intercourse or knowing it to be likely that she will be forced to illicit intercourse. The case on the registration of the FIR was investigated by P.S. Daryaganj. ASI Jagrup Singh No. 1339/ND accompanied by Constable Malkiyat Singh No. 777- C/6l6-ND recovered the kidnapped girl Shashi Bala from village Kanhiar District Solan (Himachal Pradesh) on June 16, 1973. Malkiyat Singh, Constable and Jagrup Singh, ASI thus had the protective custody of Shashi Bala. I was alleged by the father of Shashi Bala that, while they were coming back to Delhi from village Kanhiar (H.P.) the appellants misbehaved with the kidnapped girl Shashi Bala and offended her modesty. He lodged a complaint D.D. No. 22 dated June 17/18, 1973 at P.S. Nalagarh (H.P.).

(3.) Miss Vinita Singh, Additional District Magistrate, Delhi vide her order No. F. 3(110)/73-Judl. dated August 6, 1973 under the Punjab Police Rules, 1934 (for short P.P.R.) 16.38(1) ordered an inquiry to be made by S.D.M., Daryaganj on the said complaint received from S.H.O. P.S. Nalagarh, District Solan (Himachal Pradesh) against Jagrup Singh and Malkiyat Singh after forming an opinion that it indicated the commission of a criminal offence by the said officials in connection with their official relations with the public. The inquiry was held by Shri K. N. Bose, S.D.M., Daryaganj who reported that a prima facie case had been established against the appellants by the complainant and his witnesses. Shri Ashok Pradhan, Addl. District Magistrate. Delhi thereafter vide his order No. F. 3(110)/73-Judl., 18823 dated December 13, 1973 under PPR 16.38(2) ordered that the appellants Jagrup Singh. and Malkiyat Singh be dealt with departmentally after recording the reason that "the evidence and material available for prosecuting them may not be sufficient to prove their guilt beyond all reasonable doubt as required in the Court of law. but which, nevertheless seems sufficient to hold departmental proceedings ".