RAM SUBHAK OJHA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner was a constable in the Calcutta Police. Acting on a private complaint received against the petitioner, there were certain enquiries made by the police as a consequence whereof the petitioner was placed under suspension. Thereafter, on May 28, 1962, the petitioner was charged with misconduct as hereinafter stated: "You are hereby charged with conduct unbecoming of a Police officer and acting dishonestly In that: 1. Being a public servant to wit a constable of Calcutta Police, wrongfully detained one Bhakat Bahadur Rana otherwise known as R.B. Thapa, a durwan of Javeri and Co., Bullion merchants of 180 Mahatma Gandhi Road, Calcutta between 7 a.m. and 7-30 a.m. on Chittaranjan Avenue, Bentinck Street and Lower Chit-pore Road 2-3-62 and wrongfully seizing from his person a gold bar of the size of 1" x 21/2 x 1/2", weight about 234 tolas and approximately valued about Rs. 28,080, property of Javeri and Co. without any authority whatsoever and failing to report the detention or seizure either to your department or to local police for some ulterior motive.

(2.) Being a public servant to wit a constable of Calcutta Police on 3-3-62 illegally accepted a sum of Rs. 14,500 from one Nath-mal Jalan of 85/1, Monohar Das Street, Calcutta, on behalf of Javeri and Co. of 180, Mahatma Gandhi Road, Calcutta, in a hair cutting saloon at 26, Gopi Rose Lane, Calcutta, in consideration of returning the aforesaid bar of gold wrongfully seized by you and thereby have constituted an act unworthy of and unbecoming of a public servant.

(3.) Being a public servant to wit a constable of Calcutta Police sometime between 2-3-62 in Calcutta criminally misappropriated 134 tolas of gold valued approximately about Rs. 16,080/- out of the aforesaid bar of the gold wrongfully seized by you from the durwan of Javeri and Co., on 2-3-62, an act most unbecoming of a public servant."