Decided on December 23,2011

Commissioner Of Police, New Delhi Respondents


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 follows: - 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).;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.