CHANDIGARH ADMINISTRATION AND ORS. Vs. EX.S.I. GURDIT SINGH

LAWS(SC)-1998-3-140

SUPREME COURT OF INDIA

Decided on March 27,1998

Chandigarh Administration And Ors. Appellant

VERSUS

Ex.S.I. Gurdit Singh Respondents

JUDGEMENT

S.C.Agrawal, G.T.Nanavati, JJ. - (1.) DELAY condoned.
(2.) SPECIAL leave granted. The Respondent, Gurdit Singh, was employed as Sub -Inspector of Police with the Police Department in the Union Territory of Chandigarh. A complaint was made against him on 20.1.1991 by one Smt. Meenakshi, wife of Shri Nishan Singh, alleging that the Respondent had demanded bribe from her for releasing the gold ornaments of her husband and other articles which were retained by him at the police station before releasing her husband and her driver who were detained in police custody. On receipt of the said complaint, a trap was laid in the presence of two witnesses and the respondent who was in police uniform was caught red -handed on the night of 29.1.1991, at the residence of the complainant while demanding and accepting Rs. 2,000 from the complainant for the release of the articles. A criminal case under Section 7 of the Prevention of Corruption Act, 1988 was registered against him and the same was entrusted to C.B.I, for investigation. In the meanwhile, a preliminary enquiry was conducted by the Deputy Superintendent of Police, East, Chandigarh and after considering the report of the said preliminary enquiry, the Senior Superintendent of Police, Chandigarh passed the following order on 16.2.1991 whereby the respondent was dismissed from service: Whereas, you Gurdit Singh are holding the post of Sub -Inspector in the Police Department, Union Territory, Chandigarh. It has been brought to my notice that you have been indulging in disloyal, dishonest, disobedient and unreliable activities which amounts to grave misconduct on the part of a police officer. Shri S.C. Abrol, Deputy Superintendent of Police (East), has also conducted an enquiry against you for your aforesaid notorious activities and misdeeds and submitted a report which proves your misconduct. From the facts and circumstances of your case, I am subjectively satisfied that you have indulged in disloyal, dishonest, disobedient and unreliable activities. And further, I, Sumedh Singh Saini, Senior Superintendent of Police, Union Territory, Chandigarh, after considering all the facts and circumstances of your case, am satisfied under Sub -clause (b) of the proviso to Sub -section (2) of Article 311 of the Constitution of India, that it is not reasonably practicable to hold an inquiry against you for the reason that the witnesses cannot come forward freely to depose against you in the departmental enquiry on account of fear to their life and property. Now, therefore, I Sumedh Singh Saini, Senior Superintendent of Police, Union Territory, Chandigarh, your appointing authority hereby dismiss you from Government service with immediate effect.
(3.) IN his report, the Deputy Superintendent of Police had stated: I may mention here that this Sub -Inspector is a terror in the area and is a very influential person. No person will come forward to give any statement regarding this incident against him and will serve no purpose to have any departmental enquiry against him. It is recommended that stern disciplinary action be taken against him.;

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