DEEPAK SINGH BHANDARI Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-10-14
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on October 29,2013

Deepak Singh Bhandari Appellant
VERSUS
State of Uttarakhand And Ors. Respondents

JUDGEMENT

- (1.) Present writ petition is filed assailing the order dated 13.05.2010, passed by the Superintendent of Police, Tehri Garhwal whereby petitioner was dismissed from the services and order dated 14.10.2011 whereby statutory appeal filed by the petitioner was dismissed and order dated 17.08.2012 whereby statutory revision filed by the petitioner was also dismissed upholding the impugned order of dismissal passed by the Superintendent of Police, Tehri Garhwal.
(2.) Brief facts of the present case, inter alia, are that petitioner was posted as Constable Police in Uttarakhand Police; son of Shri Chatar Singh Manwal, namely, Dinesh Singh Manwal was unemployed; Chatar Singh Manwal wanted to get his son Dinesh Singh Manwal recruited in Uttarakhand Police; petitioner is from the village of Chatar Singh Manwal and is related to Chatar Singh Manwal; petitioner used to tell Chatar Singh Manwal that petitioner had good relation with his superior Officer and could get his son recruited in Uttarakhand Police for which Chatar Singh Manwal had to pay Rs.1 lac to the petitioner; believing the petitioner, Chatar Singh Manwal handed over Rs.1 lac to the petitioner to get his son Dinesh Singh Manwal recruited in the Uttarakhand Police in the year 2007; Dinesh Singh Manwal appeared in the recruitment process, however, could not be recruited; consequently Chatar Singh Manwal demanded his money back, however, petitioner kept on promising to refund the money taken by him from Chatar Singh Manwal but could not refund the money; another son of Chatar Singh Manwal, namely, Suresh Singh Manwal was working as driver with Sandeep Gupta; Suresh Singh Manwal son of Chatar Singh Manwal narrated entire story to Shri Sandeep Gupta; Sandeep Gupta reported the matter to Director General of Police, Uttarakhand as well as to the Chief Minister on 26.05.2009; on the complaint so lodged by Shri Sandeep Gupta, in a preliminary inquiry, prima facie charges levelled against the petitioner found to be proved; therefore, regular inquiry was initiated against the petitioner and Shri G.C. Tamta, Deputy Superintendent of Police / Circle Officer, Rishikesh, Dehradun was appointed as inquiry officer; Inquiry Officer issued show cause notice to the petitioner and framed charges against the petitioner; to prove the charges against the petitioner, statement of Chatar Singh Manwal, Shri Dinesh Singh Manwal, Shri Suresh Singh Manwal, Shri Govind Singh and Shri Shoor Veer Singh Pundir were recorded.
(3.) Shri Chatar Singh Manwal stated that petitioner has approached him as well as his wife and persuaded them to give Rs.1 lac to get his younger son Dinesh Singh Manwal recruited in the Uttarakhand Police; believing the petitioner, who was resident of the same village and was related to Chatar Singh Manwal, Chatar Singh Manwal handed over Rs. 1 lac to the petitioner to get his son recruited in the Uttarakhand Police in the month of October, 2007; Dinesh Singh Manwal appeared in the selection process, however, could not be selected, therefore, Chatar Singh Manwal demanded his money back, however, petitioner could not refund the money; consequently, the matter was reported to Sandeep Gupta by another son, namely, Suresh Manwal whereupon Shri Sandeep Gupta reported the matter to the Hon ble the Chief Minister as well as Director General of Police. It has further been stated that Chatar Singh Manwal has borrowed Rs.50,000/- from Govind Singh as well as Rs. 30,000/- form Shoor Veer Singh Pundir.;


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