OA No. 2471 of 2008 with O. A. No. 2548 of 2009. Case: 1. ASI Om Prakash S/o Late Sat Narain Yadav, 2. SI Gyanender Rana S/o C. B. Rana Vs 1. Commissioner of Police, PHQ, ITO, New Delhi, 2. Jt. Commissioner of Police, Southern Range, PHQ, 3. Deputy Commissioner of Police, South West District, PHQ. Central Administrative Tribunal

Case NumberOA No. 2471 of 2008 with O. A. No. 2548 of 2009
JudgesShailendra Pandey (Accountant Member) & Dr. Dharam Paul Sharma (Judicial Member)
IssueConstitution of India, 1950; Code of Criminal Procedure, 1973 - Section 164
Judgement DateJanuary 31, 2011
CourtCentral Administrative Tribunal

Judgment:

Dr. Dharam Paul Sharma (Judicial Member), (Principal Bench New Delhi)

  1. Both these OAs are directed against the same order of penalty of censure passed in the joint departmental inquiry against the two applicants herein on a common charge and as such have been heard together and are being disposed of by this common order.

  2. A regular departmental inquiry was ordered vide order No.11930-57/HAP-II/SWD dated 22.9.2006 to be conducted against ASI Om Parkash, SI Gyanender Rana, ASI Satbir Singh and SI Sandeep Sharma. ASI Satbir Singh expired during the pendency of the inquiry. The remaining three were proceeded against on the following summary of allegations, a copy of which is at Annexure A/4,:-

    It is alleged that ASI Omparkash No.1631/D (PIS No.28760016), SI Gyanender Rana No.D-3644 (PIS No.16003644), ASI Satbir Singh No.1550/D (PIS No.28750350) and SI Sandeep Sharma No.D/487 (PIS No.16970080), while posted at PS Najafgarh, entrusted the investigation of case FIR No.414 dated 19-08-2000 u/s 379 IPC & 39 I.E. Act was remain with you from 19-08-2000 to 31-01-01, 16-02-01 to 26-0702, 03.12.02 to 12.06.05 and 25.09.05 to 03.04.06 respectively. During their respective tenures, accused Virender s/o Sh. Chattar Singh R/o 81, Old Roshan Pura Najafgarh, New Delhi was not arrested by any of them in stipulated period though-the identity of the accused was never in doubt. As per provisions of section 468 CrPC, the period of limitation for taking cognizance of offence under Section 379 IPC & 39 of the Indian Electricity Act is only three years from the date of offence i.e. 19.08.2000. Accordingly, the limitation period expired on 19.08.2003. The challan of this case was prepared only on 08.06.2005 and was filed in the courts on 03.04.2006. Challan was put in court after almost 3 years, after the expiry of the prescribed time limit. The application before the Hon'ble trial court for condonation of time delay was not forwarded by the appropriate authority. All the above mentioned IOs are responsible for perfunctory investigation for not arresting the accused in time and delay in investigation resulting time barred. Ulterior motive cannot be ruled out. SI Sandeep Sharma is responsible for unnecessary delay for about six months in putting up the case file in the court for trial even after preparation of challan.

    The above act on the part of ASI Omparkash No.1631/D (PIS No.28760016), SI Gyanender Rana No.D-3644 (PIS No.16003644), ASI Satbir Singh No.1550/D (PIS No.28750350) and SI Sandeep Sharma No.487/D (PIS No.16970080), amounts to gross misconduct, negligence, which render them liable to be dealt with departmentally under the provision of Delhi Police (Punishment and Appeal) Rules 1980.

  3. The disciplinary inquiry was initially entrusted to one Shri Suresh Chander Sharma, the then ACP P.G. Cell/SWD. However, when Shri Suresh Chander Sharma was transferred to PCR, the said disciplinary inquiry was entrusted to Shri Bharat Singh, Assistant Commissioner of Police, who after recording the evidence of prosecution witnesses, framed the charge against the applicants and SI Sandeep Sharma on the lines of summary of allegations and called upon the Charged Officials to submit their list of defence witnesses. The Charged Officials in their defence produced no defence witness but they submitted the written statement of defence. After due consideration of the same along with the evidence that has come on record during the inquiry, the inquiry officer returned the finding that the charge against the defaulters ASI Om Parkash and SI Gyanender Rana was partly proved to the extent that during the period from 19.8.2000 to 31.1.2001 (more than five months) and from 16.2.2001 to 26.7.2002 (more than one year and five months), they failed to arrest the accused person. The charge against the Charged Officials relating to the case having become time barred on account of the applicants negligence was not established because the case has become time barred on 19.8.2003, i.e., at the time the investigation was pending with ASI Satbir Singh. The charge against SI Sandeep Sharma did not stand proved, as he was entrusted with the investigation of the case in question after it had already become time barred and the accused had already been granted anticipatory bail. A copy of the finding of the inquiry officer is at annexure A/3. The disciplinary authority tentatively agreed with the finding of the inquiry officer. Thereupon, a copy of the finding of the inquiry officer was served upon the defaulters ASI Om Parkash and SI Gyanander Rana on 2.11.2007 and 6.11.2007 respectively calling upon them to make their representations/submissions, if any, with regard to the finding of the inquiry officer within 15 days from the date of its receipt. Both the defaulters submitted their representations. Both the defaulters were also heard in O.R. After examining the DE files, including the statement of PWs and defence statements of defaulters, finding of the inquiry officer and representations of the defaulters, the disciplinary authority vide order dated 22.2.2008, as at Annexure A/1, censures the conduct of defaulters ASI Om Parkash and SI Gyanander Rana. While passing this order of penalty, the disciplinary authority, inter alia observed:

    The identity of the accused in this FIR was clearly established as Virender S/o Shri Chattar Singh r/o 81, Old Roshan Pura, Najafgarh and he is a permanent resident of Najafagarh itself. However...

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