RADHEY SHYAM, ASI, DELHI POLICE Vs. COMMISSIONER OF POLICE, POLICE HEAD QUARTERS, MSO BUILDING, I.P. ESTATE, NEW DELHI

JUDGEMENT

(1.) By way of this Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant an ASI with Delhi Police is challenging the order dated 16.8.2010 passed by the disciplinary authority awarding him penalty of withholding of one (next) increment for a period of two years temporarily and the order of the appellate authority dated 15.3.2011 rejecting the appeal of the applicant against the order of the disciplinary authority referred to above.

(2.) The brief facts of the case are that on 31.5.2007 an FIR bearing No.FIR No.425/07 under Section 307 read with Section 34 IPC at Rajouri Garden Police Station on the basis of the complaint filed by one Shri Ashok Kumar who complained that he had been threatened by one Ajay and one Peer Mohd. and these two had attacked him causing severe injuries on his head on 30.5.2007.The applicant was appointed as Investigating Officer in this case. The complainant address as mentioned in the FIR was WZ 34 -B, Vikas Puri, New Delhi. The applicant took the complainant to Deen Dayal Upadhyay Hospital, Harinagar, for medical help where the complainant gave the same address as mentioned in his complaint earlier. Thus, medico - legal report prepared by the concerned doctor also contained the same address as above. Subsequently, the complainant left the hospital without intimation. In the course of investigation, the applicant arrested two co -accused who were chargesheeted before the Court of Additional Session Judge, Rohini. The Additional Session Judge summoned the applicant for appearance on 9.1.2008, 4.3.2008, 22.4.2008, 17.5.2008, 13.08.2008 and 18.9.2008. The applicant did not appear in the Court. His case is that he had not received these summons, except the one dated 4.3.2008. The Court had also issued bailable warrant for non -appearance. In the meantime, the applicant father who had been ailing for quite some time passed away on 24.12.2008. Since the applicant had provided the incorrect address, the summons issued by the Court were not received by the complainant who did not appear in the court and resultantly, the court acquitted the accused. While passing the order of acquittal of the accused, the court made some adverse comments about the manner in which the investigation had been conducted.

(3.) The departmental inquiry against the applicant was ordered vide Order No.14363 -90/HAP/P -II/PCR daed 14.7.2009. Initially it was entrusted to Shri Satbir Singh, the than ACP/PCR. The summary of allegations, list of witnesses and list of documents were prepared and served upon the applicant. Seven PWs cited in the departmental inquiry were examined and the charge was prepared and got approved and served upon the applicant. The applicant denied the charges. The charges reads as follows: - It is alleged against ASI Radhey Shyam No.2538/W, 5647/PCR (3990/D) (PIS No.28780058) that while posted at PS Rajori Garden, he was the I.O. of case FIR 425/07 u/s 307/34 IPC PS Rajori Garden registered on the complaint of MR. Ashok Kumar S/o Sh Desh raj R/o WZ -34B, Vikash Puri Delhi. Two accused were arrested in the said case by the IO, ASI Radhey Shyam mentioned above, who inflicted injuries on the person of complaint Ashok Kumar with a knife like sharp weapon at Rain Basera Ring Road, Raja Garden, Delhi. Both the accused were charged sheeted in the Court of Sh. Arun Kumar Arya, Addl. Session Judge, Rohini Courts, Delhi. During trial in the Court, Summons were issued on four occasions to attend the court on dated 9.1.2008, 4.3.2008, 22.4.2008 & 17.05.2008, out of these four summons two summons for dated 9.1.2008 and 17.5.2008 were served upon the ASI through Duty Officer District Line by Const. (Now HC) Ram Ray No.1313/W. On other occasions, it was reported on the summons that the IO is on leave. But, despite having noted the summons on two occasions, the ASI never attended the court even after issuance of bailable warrants for dated 8.7.2008, 23.07.2008, 13.08.2008 (served) and 18.9.2008 from the court. On the other hand, the complainant was also not appeared in the Honble court. It has been found that the address mentioned in the charge sheet by the IO is not traceable in Vikas Puri and it has been reported by the server that the address given on the summons is not correct. It is serious lapse on the part of the IO. Ultimately the Honble Court has acquitted the accused from the charge as there was no incriminating evidence produced by the IO against the accused person and IO failed to establish the charges against the accused persons. I, Satbir Singh, ACP/E.O. frame the charge upon ASI Radhey Shyam, No.2538/W, 5647/PCR (now 3990/D) that despite having noted the summons on two occasions, you never attended the court even after issuance of bailable warrants for dated 8.7.2008, 23.07.2008, 13.08.2008 (served) and 18.9.2008 from the court. Address of the complainant mentioned in the charge sheet by you is not correct and traceable in Vikas Puri. Even the server reported that the address given on the summons is not correct. It is serious lapse on your part, resulting acquittal of the accused from the charge by the Honble Court. The above act on the part of ASI Radhey Shyam No.5647/PCR amounts to gross misconduct, negligence, carelessness and dereliction in the discharge of his official duty which renders him liable to be dealt with departmentally under the provision of Delhi Police (Punishment & Appeal) Rules, 1980.