GOPAL SINGH Vs. COMMISSIONER OF POLICE, NEW DELHI
CENTRAL ADMINISTRATIVE TRIBUNAL
Commissioner Of Police, New Delhi
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MEERA CHHIBBER,MEMBER (J) -
(1.) . Both these OAs are being disposed of by a common judgment as they relate to the same incident, common inquiry was initiated, same arguments
are advanced and even the counsel in both the cases are same.
(2.) The brief facts, as alleged by the applicants, are they were dealt with departmentally with the following allegations: -
It has been alleged that SI Alam Singh No.D -2009 (PIIS No.29670067), HC
Gopal Singh No.7571/DAP (Now 12145/DAP, PIS No.2888047), Ct. Suresh
Chand, No.7603/DAP (PIS No.28891261), Ct. Kishan Pal Singh, No.2333/DAP
(PIS No.28891343) and Ct. Rohtash Kumar, No.2601/DAP (PIS No.28902007)
had been deputed to produce under trial prisoner Mohd. Imran @ Shiva S/o
Rishalat Hussain R/o 101/290, Karnal Ganj Kanpur U.P. Lodged in Jail
No.8, Central Jail Tihar New Delhi in the Court of ADJM Kanpur on
13.5.2008. After completing necessary formalities, the escort party took the custody of UTP Mohd. Imran from Jail No.8 on 11.5.2008 and reached
Kanpur, UP by boarding over night train Reeva Express from New Delhi
Railway Station. On 12.5.2008 the above said UTP was produced in the
court of ADJM Kanpur in case FIR No.241/2006 under Section 364/302/201
IPC PS Karnal Ganj Kanpur UP. On 12.5.2008 the escort party boarded Shram
Shakti train from Kanpur at 11.40 PM alongwith UTP for their return
journey to New Delhi. SI Alam Singh devised a duty roster at his own in a
plain paper vide which Ct. Suresh Chand, No.7603/DAP was given the
custody of the UTP alongwith HC Gopal Singh No.7571/DAP from 12 mid night
to 3.00 AM and Constable Kishan Pal Singh No.2333/DAP with Ct. Rohtash
No.2601/DAP from 3 AM to 6 AM. When the train crossed the Yamuna Bridge
in Delhi and was approaching Tilak Bridge Station, the train got slowed
down near signal, the then UTP Mohd. Imran Khan @ Shiva wanted to go to
the toilet. It was about 6 AM on 13.5.2008. Constable Kishan Pal
No.2333/DAP who had the custody of the UTP alongwith Constable Rohtas
No.2601/DAP took him to the toilet. All of a sudden, UTP Mohd. Imran @
Shiva gave a sudden jerk, pushed the Constable, freed himself and jumped
from slow running train.
A telephonic information regarding the incident of the escape of this UTP
was lodged with DO/IIIrd Bn. DAP by SI Alam Singh vide DD No.54 -B dated
13.5.2008 at 1.50 PM. A case vide FIR No.165/2008 dated 13.5.2008 under Section 224 IPC, PS New Delhi was registered in this context on the
statement of Constable Kishan Pal Singh No.2333/DAP.
For the above said lapse all the members of the escort party were placed
under suspension and searching departmental enquiry was ordered vide
No.5703 -37/HAP (P -II)/III Bn. DAP dated 13.5.2008 and entrusted to Shri
Surender Sharma ACP/III Bn. DAP who completed the enquiry and submitted
his findings with the conclusion that the UTP escape occurred due to the
negligence and carelessness of the whole escort party. The searching
departmental enquiry was sent to Jt/CP/AP Delhi for seeking his approval
under Rule 29 (3) of Delhi Police (Punishment & Appeal) Rules, 1980 vide
office letter No.3169/HA/C&J/Cell/III Bn. DAP dated 6.4.2008. In the
meantime, SI Alam Singh No.D -2009 retired from the force on
superannuation on 31.5.2008. After carefully examining the case the
Jt/CP/AP Delhi accorded his approval dated 17.9.2008 to initiate a
regular DE against the remaining Police Officials.
The above act on the part of HC Gopal Singh No.7571/DAP (Now 12145/DAP,
PIS No.28880447), Ct. Suresh Chand No.7603/DAP (PIS No.28891261), Ct.
Kishan Pal Singh, No.2333/DAP (PIS No.28891343) and Ct. Rohtash Kumar,
No.2601/DAP PIS No.28902007) amounts to gross misconduct, negligence,
dereliction in the discharge of their official duties which render them
liable to be dealt with departmentally under the provisions of Delhi
Police (Punishment & Appeal) Rules, 1980.
(3.) The Inquiry Officer gave his report concluding therein that the charge stands proved against all the delinquents (page 25 at 31) by observing as
Considering the merits of every facts and circumstance with open mind,
it is found that UTP Mohd. Imran escaped from the custody of escort party
at 6.00 AM on 13.5.2008 when the train was approaching at the Tilak Bride
station, New Delhi. Ensuring custody of UTP was primarily the duty of
Constable Krishan Pal, No.2333/DAP and Constable Rohtash, No.2601/DAP
under whose personal custody UTP was at the time of escape as per Chitha
and they do not deny or contest their custody. Therefore they namely
Constable Krishan Pal No.2333/DAP and Rohtash No.2601/DAP are found
guilty of careless, negligence and dereliction of duty.
However, a member of escort party every one is supposed to be equally
alert and dutiful. Though HC Gopal Singh, No.7571/DAP and Constable
Suresh Chand No.7603/DAP were not having custody of UTP Mohd. Imran @
Shiva, had they been alert and vigil, escape of UTP Mohd. Imran @ Shiva
could have been prevented. Therefore, they are found to be guilty of
carelessness and negligence.
Copy of the findings was given to the delinquents to give their
representations. The disciplinary authority vide order dated 15.9.2009
dismissed all the 4 applicants (page 20 to 22). Being aggrieved, they had
filed the appeal but the same had also been rejected vide order dated
27.1.2010 (page 16).;
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