(1.) Irshad Wali, an IPS officer of 2004 batch, when on probation way back in 2005, was proceeded under rule 10 of the All India Services
(Discipline & Appeal) Rules, 1969. The proceedings initiated against him
through memorandum dated 10.08.2005 culminated into infliction of minor
punishment of withholding of one increment in the time scale of pay for
three years without cumulative effect. The order aforesaid came to be
challenged by the applicant before this Tribunal in OA No.1312/2007,
which was allowed vide order dated 03.03.2008. Against the order passed
by the Tribunal, the respondents carried a writ petition in the High
Court, which vide a detailed order came to be dismissed on 19.11.2010.
Primarily, what was held while allowing the OA was that the case required
a proper procedure of enquiry to be followed, and, therefore, the order
of punishment passed just on receipt of the reply filed by the applicant
to the charge memorandum, would be illegal. The respondents, after
culmination of the earlier proceedings, as referred to above, have now
resorted to de novo enquiry against the applicant. The applicant
questions the same in the present OA filed by him under Section 19 of the
Administrative Tribunals Act, 1985.
(2.) We may straightway refer to the statement of imputation of misconduct or misbehaviour on which the applicant is to be put to
departmental trial. The same reads as follows:
Shri Irshad Wali, IPS Probationer of 57 RR batch, while undergoing basic
training in the Sardar Vallabhbhai Patel National Police Academy,
Hyderabad, consumed alcohol at Swapna Bar at Aramghar Chowrastha,
situated about a kilometer away from the Academy, on 1st May, 2005, in
the late evening hours, alongwith two other IPS Probationers, viz.,
S/Shri Kewal Khurana and Anand Prakash Tiwari. A Bar is a public place in
terms of instructions contained in the Government of India, D.P. & A.R.
letter No.11017/66/76 -AIS(III) dated 18th January, 1978. The act of
consuming alcohol in a public place by Shri Irshad Wali is in clear
violation of Rule 20 (bb) of All India Services (Conduct) Rule, 1968.
2. After coming out of the Swapna Bar at around 21:15 hours on 1st May, 2005, Shri irshad Wali accompanied by Shri Kewal Khurana went to a nearby shop. Shri Kewal Kunrana, while purchasing cigarettes there, had an
altercation with the vendor of pan shop, Shri Venkatesh over the price of
a cigarette packet, which developed into a scuffle and fist fight. The
scuffle was joined by Shri Siddappa, father of Shri Venkatesh and Shri
Anand Prakash Tiwari, IPS Probationer.
(3.) While there, Shri Irshad Wali, who was making a call on his mobile phone, seeing the scuffle involving his colleagues, left the place, to
call a police patrol party. A little while later, he went to the
Raghavendra hospital where Shri Kewal Khurana and Shri Anand Prakash
Tiwari were being given first aid. Seeing a police constable near the
hospital, Shri Irshad Wali first abused him (the Constable) and then
pounced upon him for his alleged refusal to rush to the scene of scuffle
upon his request earlier. Shri Irshad Wali was, however, physically
restrained and held back by some other probationers, in good time,
preventing him from proceeding further against the said Constable.
3. Notice in this case was issued on 17.11.2011 for 07.12.2011. On the date aforesaid, we recorded the following order:
Service in this matter is complete. No one chose to appear on behalf of
the respondents and, therefore, it was passed over and had been called
again after transacting number of regular matters also. Position is no
Issue fresh notice to the respondents who would ensure presence on their
behalf or else appear in person.
List it on 20.12.2011.
A copy of this order be also sent to the respondents.;