CHANDIGARH ADMINISFRATION Vs. EX. S.I. GURUDIT SINGH

JUDGEMENT

(1.) DELAY condoned. Special leave granted.

(2.) THE respondent, Gurdit Singh, was employed as Sub -Inspector of Police with the Police Department in the Union Territory of Chandigarh. A complaint was made against him on 20.1.1991 by one Smt. Meenakshi, wife of Shri Nishan Singh, alleging that the respondent had demanded bribe from her for releasing the gold ornaments of her husband and other articles which were retained by him at the Police Station before releasing her husband and her driver who were detained in police custody. On receipt of the said complaint a trap was laid in the presence of two witnesses and the respondent who was in police uniform was caught red -handed on the night of 29.1.1991, at the residence of the complainant while demanding and accepting Rs. 2000/ - from the complainant for the release of the articles. A criminal case under section 7 of the Prevention of Corruption Act, 1988 was registered against him and the same was entrusted to CBI for investigation. In the meanwhile a preliminary enquiry was conducted by the Deputy Superintendent of Police, East, Chandigarh and after considering the report of the said preliminary enquiry the Senior Superintendent of Police, Chandigarh passed the following order on 16.2.1991 whereby the respondent was dismissed from service : "Whereas, you Gurdit Singh are holding the post of Sub -Inspector in the Police Department, Union Territory, Chandigarh.

(3.) FORM the facts and circumstances of your case, I am subjectively satisfied that you have indulged in disloyal, dishonest, disobedient and unreliable activities. And further, I, Sumedh Singh Saini, Senior Superintendent of Police, Union Territory, Chandigarh, after considering all the facts and circumstances of your case, am satisfied under sub -clause (b) of the proviso to sub -section (2) of Article 311 of the Constitution of India, that it is not reasonably practicable to hold an inquiry against you for the reason that the witnesses cannot come forward freely to depose against you in the departmental enquiry on account of fear to their life and property.