O.A. No. 1696/2008, O.A. No. 1312/2008. Case: 1. Constable Rajeev Tyagi, Ghaziabad, 2. Constable Raghu Raj, PIS No. 28980417, Bhajan Pura, Delhi Vs 1. Government of NCT of Delhi, through Commissioner of Police PHQ, New Delhi, 2. Addl. C.P. (Security) Security, New Delhi, 3. D. S. Norawat (DANIPS Cadre Group 'B') Addl. DCP, HQ (Security), New Delhi, 4. Jt. Commissioner of Police Traffic, PHQ, New Delhi, 5. DCP (Traffic/HQ) PHQ, New Delhi. Central Administrative Tribunal
| Case Number | O.A. No. 1696/2008, O.A. No. 1312/2008 |
| Counsel | Anil Singal, Jyoti Singh |
| Judges | Shanker Raju (Judicial Member) & N. D. Dayal (Accountant Member) |
| Issue | Constitution of India, 1950 |
| Judgement Date | May 07, 2010 |
| Court | Central Administrative Tribunal |
Judgment:
Shanker Raju (Judicial Member)
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As these OAs are grounded on same set of facts and founded on identical question of law, the same are being disposed of by this common order.
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Applicants, in both the OAs, who are working as Constables in Delhi Police, have been proceeded against in a major penalty proceeding under Rule 16 of Delhi Police (Punishment & Appeal) Rules, 1980 (for short 'Rules') on intervention by PRG team on the allegations of accepting bribe from truck driver one Shri Rathinam M to the extent of Rs.150/-. Thereafter during personal search of applicant in OA-1696/2008, Rs.1470/- was recovered from his purse and Rs.1110/- was recovered from applicant in OA-1312/2008 from his purse. Both the applicants led to inquiry where the statements of PRG team as well as complainant were recorded. The truck driver while deposing in the inquiry has denied and has not authenticated the earlier statement recorded. He has also stated that the witnesses have given the statement without any fear and in good sense before the inquiry officer and has categorically denied that the applicants had demanded or accepted money. PW-4, who is the Inspector leading the PRG team, deposed as under:-
PW-4 statement of Inspr. Ganpat Ram TI/PTC, New Delhi
He stated that he was now posted as TI/PTC and on 24/25-6-2004, he was posted in PRG and that night he had accompanied Inspr. Hira Lal, to Kapashera Border, on having received complaints of malpractice by traffic staff there at about 12-30 AM there, they observed that two traffic constables were roaming in between the trucks. The driver of truck No.KA-3666 had told them on asking that the traffic constables had taken Rs.150 as entry money, even when told that he was going to Delhi only. Both the drivers were found present and their name were later known as Rajiv Tyagi and Raghu Raj. Rs.150/- were recovered from the pocket of Const. Rajiv Tyagi, on recognition by the driver. Also Rs.150/- were similarly recovered from the pant pocket of Const. Raghu Raj. The money thus recovered from both the constables was taken into possession through seizure memo. The constables, besides above money, had also more then Rs.1100/- each. Inspector Hira Lal recorded the statement of truck driver and his also. His previous statement is already marked as PW-3/B and seizure memo as PW-3/A.
During cross, he admitted that Rs.1100/- were recovered from Const. Rajiv Tyagi. He denied that they had not made departure report in Roznamcha, as PRG is not maintaing any Roznamcha. He admitted that, on asking from driver, he came to know that money was taken by traffic constables. He had earlier also given statement to Inspector Hira Lal, which is on record. He did not hear anything between the constables and driver, but say them from a distance.
He admitted that driver had said that money recovered from one constable was taken from him. The statement of the driver was recorded by Inspr. Hira Lal.
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In the above backdrop, the inquiry officer with the following observations, held the applicants guilty of the charge:
DISCUSSION OF EVIDENCE
The main allegation against the defaulters that is that while performing duty at Kapashera Border during night checking duty for destined/non-destined vehicle for Delhi they were found indulging in accepting illegal money. At about 12.55 AM truck bearing registration number KA-01-AD-3666 arrived and its driver namely Shri Rathinam M S/o Mutusamy Pundeyachi R/o Abimavam P.O.-Yethapur, Tehsil-Attur Distt. Salem (Tamilnadu) having driving license No. 2/TN/272/001620/204 issued from Attur (T.N.), was questioned by these Traffic constables and later by PRG Inspector who stated that he was coming from Tamilnadu to deliver goods in Delhi. When he reached at Kapashera Border before Toll Tax Booth at about 12.50, he was stopped by traffic Constables. One Constable demanded entry money from him. When he told him that he is going to Delhi only but the said Constable did not listen to his request. The driver wanted to pay Rs.50/- to avoid harassment but the Constable asked for more. Then the driver paid him Rs.100/- as entry money. He further told that his fellow constable was also present there near his truck. He further could identify both the...
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