Indian Kanoon - Search engine for Indian Law

Item No. 24 (C-2) In the given case the allegations in the FIR are of serious nature.

11. During the course of investigation, on the basis of facts and emerged, sections 395/342/365/341/295-A/201/506 IPC & 7 Prevention of Corruption Act, were also added in the present case FIR No. 77/2023 dated 11.03.2023. The act committed by the applicant had not only tarnished the image and brought disgrace to the organization but also demoralized other police personnel. The misconduct committed by the above said defaulter had put the entire police force to shame. Such misconduct cannot be tolerated in any disciplined organization like Delhi Police whose basic duty is to protect the life and property of the citizens of the society. The facts and the circumstances of the case are so serious that it was not reasonably practicable to conduct a regular departmental enquiry against the defaulter as there was reasonable belief that the witnesses may not come forward to depose against him owing to his influential position. It also calls for great courage to depose against the desperate persons and the task becomes more acute and difficult where the police personnel could use their job to influence the statements of the witnesses. It was highly probable that during the entire process of departmental proceedings the complainant and witnesses would be put under constant fear or threat to their person and property from the defaulter. Under these circumstances the then DCP/SHD was personally satisfied that conducting a regular departmental enquiry against the applicant was not practicably possible. After having committed above gravest misconduct, if the applicant was allowed to continue in the police force, it would be detrimental to public interest and further tarnish the image of police force in society. Moreover, his role in the said criminal activity is not only undesirable but also amounts to serious misconduct, indiscipline and unbecoming of a government servant. Such grave misconduct must be punished appropriately and timely. If such an act is not dealt with appropriately and timely it will give a very wrong message to a large section of society and their belief towards state would diminish. Therefore, in order to send a clear message to such undesirable elements in the police force and to maintain discipline as well as to prevent recurrence such incidents, it became absolutely necessary to dismiss the applicant from service as he is completely unfit to continue further in police service. Whereas in the back drop of the position explained in the forgoing paragraphs of this order, it is crystal clear that the applicant is person with criminal bent of mind. Hence, under these set of compelling circumstances, the then DCP/SHD constrained to take action under the provision of Article 311 (2) (b) of the Constitution of India in this case for the sake of justice. On the basis of gravity of case, it can be safely concluded that he became a liability to the police department and needs to be dealt with heavy hand. Moreover, his further retention in the department after his involvement in the above-mentioned case was absolutely undesirable in the public Item No. 24 (C-2) interest, safety and security. Therefore, the then DCP/SHD was satisfied that the acts and grave misconduct of the applicant attracted the provision of Article 311 (2) (b) of the Constitution of India and marks him completely unfit for police service. After completing the preliminary enquiry into the matter, in compliance of the circular issued from PHQ into the matter vide No. 5545- 645/P. Cell (Vig.), dated 11.09.2007, the enquiry report was forwarded to Spl.