SUPERINTENDENT OF POLICE Vs. B DILIP KUMAR

JUDGEMENT

(1.) The Superintendent of Police, Warangal and others, the writ petitioners, aggrieved by the order dated 27-9-2002 made in O.A. No.8472/2002 by the A.P. Administrative Tribunal, in short hereinafter referred to as 'Tribunal" for the purpose of convenience, filed the present writ petition questioning the same raising several grounds.

(2.) Sri B. Dilip Kumar, respondent herein/petitioner in O.A., was working as Police Constable of P.S. Chiryal and while he was under suspension in a criminal case, he joined hands with the anti-social elements and formed into a pseudo Naxal gang and resorted to extract huge amounts from wealthy persons towards party fund. In that process on 25-2-2002 the respondent/ applicant in O.A. deputed two of the associates to the house of one Devi Reddy whom the pseudo Naxalite gang was repeatedly threatening through party letters to deliver Rs.3 lakhs to purchase A.K. 47 rifles. After threatening the said Devi Reddy thrice, the respondent/petitioner in O.A. deputed his associates along with one P. Vasu giving his 9 mm. service pistol which was given to him for his personal security as he worked in the Special Party. As per his directions they went to the house of the said Devi Reddy threatening him on the point of pistol and gave him a list of provisions and asked the said Devi Reddy to supply those provisions for conducting a plenum of Peoples War Group and to deliver the money as demanded by them on the next day for which he agreed to supply them on 3-3-2002 afternoon. The respondent/applicant in O.A. along with his associates went to the designated place on a Suzuki Motorcycle expecting that the said Devi Reddy would deliver the goods and money. At the appointed time as the said Devi Reddy did not turn up, the respondent/applicant in O.A. and his followers started returning. On the way at Bhoopathipet, the said Devi Reddy and his villagers having sighted the gang led by the respondent/applicant in O.A. tried to apprehend them. P. Vasu, who was carrying the pistol given by the respondent/applicant in O.A., tried to open fire at Devi Reddy and others but they overpowered the gang and caught hold of four of them including the respondent/applicant in O.A. and detained them in the village while the fifth member B.Somla managed to escape. On the complaint lodged by Devi Reddy, a case was registered in Cr.No. 15/2002 under Sections 398 and 506 IPC read with Section 25 of Indian Arms Act at Gudur Police Station. During the course of investigation, all the four persons were arrested and remanded to judicial custody. The 9 mm. pistol (and 8 rounds) and the Suzuki Motorcycle were seized. It is further stated that the Sub-Divisional Police Officer, Narsampet enquired against the criminal activity of the respondent/ applicant in O.A. and submitted report to the 1st petitioner herein and according to the said report, there were ten witnesses/ victims who paid the amount to the respondent/applicant in O.A. and his gang and they cannot come forward freely to depose against the respondent/applicant in O.A. According to the said report, this fact was brought out in his confidential enquiry conducted with the witnesses. In the said report it is further stated that the witnesses/victims are not in a frame of mind to believe the administration and come forward to give evidence against the respondent either in Departmental Inquiry or Court of Law. The said officer gave report stating that it is not practicably possible to conduct regular inquiry against the respondent/applicant in O.A. under the procedure contemplated under A.P. Civil Services (C.C.A.) Rules as the witnesses cannot freely come forward and depose against the respondent herein/applicant in O.A. due to fear of death. Having satisfied with the material available on record and taking into consideration the report and the other aspects, the 1st writ petitioner dismissed the respondent herein/applicant in O.A. from service by proceedings in C.No.135/PR/2002/D.O.No.872/2002 dated 28-3-2002 exercising the power under sub- clause (b) of Article 311(2) of the Constitution of India. The respondent herein/ applicant in O.A. filed O.A. No.8472/2002 before the Tribunal and the Tribunal allowed the said O.A. by the order dated 27-9-2002 and the same had been challenged in the present writ petition.

(3.) On 21-11-2003 this Court issued Rule Nisi and in W.P.M.P. No.30655/2003 interim suspension was granted.