OA No. 3261/2009, MA No. 2259/2009. Case: 1. ASI Rambir Singh, (PIS No. 28770380), Muzafarnagar, 2. Constable Prem Pal (PIS No. 28980430), Bulandshahar Vs 1. Government of NCT of Delhi, Through Commissioner of Police, I. P. Estate, New Delhi, 2. Addl. Commissioner of Police, Traffic, I. P. Estate, New Delhi, 3. Dy. Commissioner of Police, Traffic (NR) Police Head Quarter, I. P. Estate, New Delhi. Central Administrative Tribunal
| Case Number | OA No. 3261/2009, MA No. 2259/2009 |
| Counsel | Anil Singal, Lata Gangwani, H. K. Gangwani |
| Judges | L. K. Joshi (Vice Chairman) & Dr. Dharam Paul Sharma (Judicial Member) |
| Issue | Service Law |
| Judgement Date | May 07, 2010 |
| Court | Central Administrative Tribunal |
Judgment:
L. K. Joshi (Vice Chairman)
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The Applicant is challenging the order dated 3.10.2008 of the disciplinary authority forfeiting one year's approved Service of the Applicant and the appellate authority's order dated 6.08.2009, rejecting the statutory appeal of the Applicant against the order of the disciplinary authority.
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The following summary of allegations was served on the Applicant in the joint departmental inquiry:
"It is alleged that while on Night G.O. duty Sh.Manoj Kumar Lall, DCP, New Delhi Distt. checked the Ghazi Pur Border Traffic Picket in Kalyan Puri Traffic Circle on the intervening night of 14/15-03-2003 at 03.50 Hrs. where ZO/ASI Rambir Singh No. 2223/T, Const. Prem Pal No. 2922/T and Const. Kuldeep No. 3558/T were found on border traffic checking duty. They were checking vehicles particularly trucks coming from Ghaziabad entering into Delhi to ensure that only the destinated vehicles are allowed to enter Delhi. At the time of checking the traffic staff was found collecting money from truck drivers without giving them any receipt. During checking the side dickey of Motorcycle No. DL-ISM-4143 was checked, it was found filled with currency of 10, 20, 50 & 100 rupees denominations. Immediately Sh. Tulsi Ram, ACP/CAW Cell/East Distt. was called at the spot through wireless message to check the side dickey of the motorcycle and to carry out further formality of seizure as the amount found was illegally collected by ZO/ASI Rambir Singh No. 2223/T, Const. Prem Pal No. 2922/T and Const. Kuldeep No. 3558/T from truck drivers. On inquiry the above mentioned traffic staff did not give any satisfactory reply about the recovered money. The recovered money was taken into custody vide seizure memo in the presence of DCP/New Delhi Distt., HC Nirmal Singh No. 600/Commn. and Const. Sunil Kumar No. 1740/DAP. The amount was handed over to ACP/CAW Cell who sealed the seized money in an envelop with a seal of U.V.S. and deposited the same in the Malkhana of PS Kalyan Puri by ACP/CAW Cell/East Distt,. A.D.D. No. 4A dated 15-03-2003 was also lodged in PS Kalyan Puri by ACP/CAW Cell/East Distt.
ZO/ASI Rambir Singh, No. 2223/T instead of restraining his subordinates from indulging in illegal activities, he himself was found actively involved in the malpractice along with Const. Prem Pal No. 2922/T and Const. Kuldeep No. 3258/T for collection of illegal entry money from the commercial vehicles.
The above act on the part of ASI Rambir Singh No. 2223/T (PIS No. 28770380), Const. Prem Pal No. 2922/T (PIS No. 28980430) and Const. Kuldeep No. 3258/T (PIS No. 28982100) amounts to gross misconduct, malafide, negligence and dereliction in the discharge of their official duties which render them liable to be dealt with departmentally under the provision of the Delhi Police (Punishment & Appeal) Rules, 1980.
An inquiry was held and the inquiring officer held thus in his findings dated 11.08.2003:
"To sum up the entire discussion:
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There is no evidence that the money recovered from the dickey of the motorcycle is the money extorted from the drivers of the trucks.
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None of the witnesses have seen the defaulters accepting the money from the drivers.
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None of the witnesses have seen the defaulters handling the dickey of the motorcycle in question or putting the money therein.
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No driver/witness have stated that any bribe money was paid to the defaulters on the night of checking.
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There is no evidence to link the defaulters with the motorcycle in question that they used the motorcycle on the day of the checking/recovery or even prior to that.
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There is no evidence that the owner of the motorcycle is relative/friend/acquaintance of any of the defaulter. PW-2 has stated that one traffic constable had told that it was his private motorcycle. He further told that could not identify the constable who had told this fact. PW-1 has stated something else. He stated that it was not in their knowledge or of the DCP as to who was the regd. owner of the motorcycle, who was riding it on that day and who had parked it there. In other words he did not state that it belonged to one of the defaulter constable. On this issue PW-6 has stated that the money was recovered from the dickey of the motorcycle which belonged to one of the constable or his relative. He further stated that he could not definitely identify the constable who told this.
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No written statement/explanation of the defaulters were recorded immediately after the checking as to the ownership of the motorcycle or as to recovery of the money. PW-1 has stated that only questioning was done, no statement was recorded. PW-2 during cross examination has stated that the traffic staff did not give any satisfactory reply about the recovered money. PW-6 gave a different version. He told that the defaulters were admitting their quilt and requesting for pardon. But he admitted that he had not mentioned this fact in the D.D.entry lodged in this regard. Had any written statement of the defaulters would have been recorded at that time, it would have gone a long way in deciding the crucial issues in the present D.E.
I would like to mention that I am not oblivious to the novel methods being adopted by the corrupt govt. officials to avoid being caught red handed or with the tainted money, but at the same time it is incumbent upon the senior/supervisory officers to adopt one step ahead techniques to caught the corrupt govt. officials by taking all precautions.
For the above detailed reasons, giving the benefit of doubt to the defaulters, I am of...
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