CHANDRA SHEKHAR KANDPAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking following reliefs, among others:

(2.) Brief facts, as mentioned in the writ petition, are that the petitioner was initially appointed on the post of Patwari by an order dated 15.05.2007. The petitioner joined the post immediately thereafter and started to discharge the duties on the post of Patwari. The post of Patwari was re-designated as Revenue Sub-Inspector in the year 2011. It is averred in the writ petition that in the month of June 2014, the petitioner was conducting investigation in three criminal cases. Two criminal cases were of the year 2014 and one criminal case was of the year 2013 which was of another Patwari Police Circle, but had been transferred to the petitioner for investigation. In Criminal case no. 2 of 2014, registered under Sections 302/120B/504/506 of IPC, one Prakash Singh s/o Dhan Singh was informant / complainant. The second criminal case was registered under Section 420/467/468/471 and 120B of IPC and the third criminal case was under Section 323, 504 of IPC read with Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is further averred that in the criminal case no. 02 of 2014, FIR was lodged on 26.06.2014, when petitioner was posted at Patwari Police Circle, Garad, Tehsil Bhanoli, District Almora. Postmortem in the said criminal case was conducted on 26.06.2014 and since cause of death could not be ascertained, viscera was preserved for being chemically examined by F.S.L. The petitioner had to carry the preserved viscera to F.S.L. Dehradun for forensic examinations and for obtaining report thereon. It is also averred that as there was huge pressure of the inhabitants of the local area as well as of Departmental authorities on the petitioner to complete investigation on criminal case no. 02 of 2014 u/s 302 IPC, the petitioner had to proceed further in concluding the investigation at the earliest. It is contended that had the petitioner been to Dehradun at F.S.L. immediately after postmortem being conducted with the preserved viscera, the locals would have apprehended that he was not serious about the mater, instead he is interested in lingering the investigation of said criminal case and on the other hand the departmental authorities would have blamed him for disobeying their directions. Therefore, the petitioner had no better option than to continue with the investigation of the criminal case registered under Section 302 IPC and not to leave the investigation circle for any reason whatsoever. The petitioner continued his investigation in the said case till 31.07.2014 besides conducting investigation of other two criminal cases also.

(3.) It is averred that due to 15 days 'Shravani Mela' commencing from 14.07.2014, the departmental authorities had directed the petitioner to make all necessary arrangements of maintaining law and order in the area and to make security arrangements for VIP guests and other guests. It is for the said reason that the petitioner was not in a position to leave his police circle even for a single day as it would take at least three days in carrying the viscera to F.S.L. Dehradun. In the meantime, employees Union of Revenue Sub-Inspectors went on indefinite strike w.e.f. 01.08.2014, which continued till 15.08.2014. It is specifically averred that on 01.08.2014, the petitioner had handed over all criminal cases in which investigation was going on to his immediate superior i.e. Dy. Superintendent of Police. The petitioner had also informed the Dy.S.P. at the time of handing over the investigation of criminal case no. 02 of 2014, that viscera was preserved in said criminal case which has to be sent to FSL Dehradun for examination. After 01.08.2014, criminal investigation in criminal case no. 02 of 2014 was taken up by the then Naib Tehsildar, while discharging the duties of Dy.S.P., who conducted investigation and fulfilled required formalities in Purcha no. 9 and Purcha no.10. It is alleged that though the Dy.S.P. was having sufficient number of staff with him to get the preserved viscera remitted to the FSL for examination and for obtaining report, but he did not deem it necessary to remit the preserved viscera to the FSL Dehradun for examination. After joining his duties, the petitioner visited High Court at Nainital on 23.08.2014 with a narrative of said criminal case of murder, in which viscera was preserved. In the meantime, the accused persons of said criminal case filed bail petition before this Court and petitioner had to come again to Nainital on 01.09.2014 to file counter affidavit in the bail application. The petitioner reached FSL Dehradun on 08.09.2014 along with the preserved viscera, but on 09.09.2014, the same was returned as the seal of CJM court was not legible. The petitioner again submitted the viscera to FSL Dehradun on 11.09.2017, which was accepted for chemical examination.