W.P.(C) NO.8678/2009. Case: Govt of Nct of Delhi & Ors. Vs HC Ram Kumar. High Court of Delhi (India)
| Case Number | W.P.(C) NO.8678/2009 |
| Counsel | For Appellant: Rajiv Nanda, Advocate and For Respondent: Anil Singal, Advocate |
| Judges | Pradeep Nandrajog and Mool Chand Garg, JJ. |
| Issue | Delhi Police (Punishment and Appeal) Rules, 1980 - Rule 29 (3) |
| Judgement Date | September 07, 2010 |
| Court | High Court of Delhi (India) |
Judgment:
Pradeep Nandrajog, J.
-
HC Ram Kumar and Ct.Sunil were charge sheeted; the charge being that Deepak, an under-trial prisoner, escaped from the judicial lock-up on 14.5.2004 after he was produced in Court at about 1:15 PM and brought back to the lock-up. It was alleged against Ct.Sunil Kumar that the undertrial prisoner was entrusted to him, to be taken from the lockup and brought back after being produced in Court. It was alleged against HC Ram Kumar that he was in-charge of the lock-up and was negligent in performing his duties and as a result whereof the under-trial prisoner managed to escape.
-
The inquiry report was submitted after witnesses were examined and record was perused. It was found that Ct.Sunil Kumar had brought back the under-trial prisoner after he was produced in Court and had handed over his custody to HC Ram Kumar. A finding was returned that thereafter HC Ram Kumar made an entry in the relevant register recording that the under-trial prisoner was returned at the lock-up and that the prisoner escaped thereafter.
-
Thus, acquitting Sunil Kumar, the Inquiry Officer indicted HC Ram Kumar.
-
Considering the report of the Inquiry Officer and also the response of HC Ram Kumar thereto, the Disciplinary Authority levied penalty of forfeiture of 2 years approved service for a temporary period of 2 years, which was upheld by the Appellate Authority. HC Ram Kumar filed OA No.279/2006 which has been allowed vide impugned order dated 14.1.2009. The penalty has been quashed.
-
Reasons which can be culled out from the impugned order dated 14.1.2009, in returning a verdict favourable to HC Ram Kumar, is that the regular departmental inquiry was preceeded by a fact finding search inquiry in which verdict of guilt returned was against Sunil Kumar and qua HC Ram Kumar it was observed that the lapse committed by him was of callously making entry of return of the undertrial prisoner who had escaped from the custody of Constable Sunil Kumar. The Tribunal has held that though nothing prevented the Inquiry Officer from returning a different finding vis--vis the finding returned at the preliminary inquiry, but for said finding good and cogent reasons, supported with evidence, had to be brought on record. The Tribunal found none. Secondly, the Tribunal has found a contradiction in the inquiry report where at one stage a finding was returned that the under-trial prisoner had not been brought back to the lock-up; but thereafter findings have been returned that he was...
To continue reading
Request your trial