RAJ KUMAR YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties. By the District Order No. 2398 dated 31st December 2002 passed by the Superintendent of Police, Dhanbad (Respondent No. 3), the petitioner has been imposed with the punishment of withholding of two increments and that, he will not be entitled to salary during the period of his suspension. He has also prayed for quashing of the Appellate Order passed by the Deputy Inspector General of Police, Bokaro (Respondent No. 2) contained at Memo No. 1059 dated 26th July 2003 whereby his appeal has also been rejected.

(2.) It appears from perusal of the writ petition and relevant records and after hearing the counsel for the parties that the petitioner was proceeded against departmentally for a charge sheet issued on 9th March 2001 for having indulged in acts of forcible stopping of a tanker in course of patrolling duty along with other police constables, pulling down the driver of the tanker on the road and beating him mercilessly leading to the death of the driver. A criminal case was also registered being Govindpur (Barwadda) P.S. Case No. 260/2000 under sections 302/ 34 of the Indian Penal Code on the fardbeyan of Khalashi of the said tanker and thereafter, the petitioner was placed under suspension vide District Order No. 3100/00 dated 16th September 2000. The petitioner filed his reply to the alleged charges vide Annexure-4 and the inquiry proceeding was conducted by the Inquiry Officer i.e. Deputy Superintendent of Police, Dhanbad, who submitted his inquiry report on 30th June 2002 holding the petitioner guilty of the aforesaid charges. In the meantime, in the criminal case being Sessions Trial No. 100/2002 which was proceeded against four accused persons including the petitioner, the petitioner was acquitted by the Trial Court for the reasons that the prosecution has miserably failed to prove its charges levelled against the accused beyond all reasonable shadow of doubt.

(3.) On perusal of the inquiry report and after hearing the submission of the counsel for the respondent State, it appears that the petitioner along with other members of the patrolling party on the fateful night, chased the tanker in question and stopped it and the aforesaid incident had taken place which led to severe law and order problem and road jam. The matter was investigated by the Deputy Superintendent of Police, Dhanbad who submitted the supervision report and even the Khalashi of the tanker, in his fardbeyan, had supported the story of assault against the persons who were members of the patrolling party. The Inquiry Officer submitted his detailed report and thereafter the impugned order of punishment has been passed by the Superintendent of Police, Dhanbad which is contained at Annexure-6. The Disciplinary Authority has also taken into account the fact that the petitioner had remained for several months in judicial custody on account of such incidence as also severe law and order problem and road jam for considerable length of time had taken place because of the situation created by the assault on the driver of the tanker which had led to loss of reputation of the uniformed Force. This had also resulted in the suspension of the petitioner with immediate effect and a departmental proceeding have been initiated against him. He had also taken into account the grievance of the delinquent about non cross examination of the Deputy Superintendent of Police and another two witnesses and observed that in this respect also, the delinquent was given several notices, after conclusion of the inquiry proceeding which was conducted by the Deputy Superintendent of Police, the petitioner was found to be guilty of the charges. The fact that the petitioner have been acquitted by the Criminal Court, was also taken into account by the Disciplinary Authority who however found that the presence of the petitioner as a Member of the patrolling party on the fateful occasion, was not in dispute and the circumstances which ensued thereafter, have resulted in the loss of reputation of uniformed Force. The departmental proceeding is an independent inquiry by the employer in respect of the misconduct of its employee under the departmental rules. The acquittal of the petitioner in the criminal case may be on account of the important witnesses like the Khalashi who had instituted the fardbeyan not deposing against the petitioner because of some fear.