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9. According to the applicant, that he was honourably acquitted in the criminal case registered against him, by way of FIR No.179/2006 under Section 279/337 IPC by the police of Police Station, Civil Lines, vide judgment of acquittal dated 02.04.2013 by MM, Tis Hazari Courts (Annexure A-8). It was pleaded, that applicant never approached the injured in the hospital for compromise, whereas according to the prosecution version, he was seen in the Trauma Centre on 27.05.2006 and he was arrested on 28.05.2006. The inspection memo and the judgment of acquittal were stated to have been wrongly ignored by the AA.

"The brief facts of the case are that a departmental enquiry was initiated against HC Bijender Singh No. 477/N (PIS No. 28780174) (hereinafter called the applicant) vide this office order no. 5331-61/HAP (P-1)/North dated 24.3.2011, under the provisions of Delhi Police (Punishment & Appeal) rules, 1980, on the allegation that while posted in 4th Bn. DAP, on 26.5.2006 at about 11AM was driving scooter no.|DL-7SQ-7364 from Chandgi Ram Akhara side to ISBT Kashmere Gate in rash and negligent manner and hit one instead of giving a helping hand to the injured in this manner, he behaved against the role of a police officer as well as human being A case FIR No. 179/06 u/s 279/337 IPC was registered in PS Civil Lines on the complaint of Smt. Sudesh Jain, the wife of the injured. He was arrested in this case and charge sheeted accordingly.

17. Ex-facie, the argument of learned counsel that since no cogent evidence is available on record, to prove the misconduct of the applicant, so the impugned DE proceedings and orders are liable to be set aside, is not only devoid of merit, but misplaced as well.

18. As is evident from the record, very glaring allegations are assigned that on 27.05.2006 at about 11.00 AM, applicant was driving his scooter bearing registration No.DL- 7SQ-7364 and caused accident in question, causing grievous injuries to injured Om Prakash Jain. Instead of providing helping hand to the injured, he ran away from the place of occurrence along with his scooter. The prosecution, in order to substantiate its case, examined PW-1 Ct. Harvinder Singh, Chittha Munshi, who has produced duty roster of the applicant. PW-2 HC Satish Kumar (now ASI) has stated, that on 27.05.2006, he was detailed as Duty Officer. Ct. Jitender No.1006/N brought a Rukka, sent through SI Mohan Lal for registration of the case, on the basis of which a criminal case was registered against the accused, vide FIR No.179/2006 (Exhibit PW-2/A) under section 279/337 IPC in Police Station, Civil Lines, Delhi. He handed over original Rukka and copy of FIR to Ct. Jitender for delivering the same to PW- 3 SI Mohan Lal Investigation Officer (IO) in the case. PW-3, SI Mohan Lal IO has maintained as under:-

"On 20.07.2011 he was examined and he stated that he has retired from Delhi Police in December, 2008. On dated 27.05.2006, he was posted in PS Civil Lines. On receipt of DD No.12A regarding accident, he along with Ct. Jitender No.1006/N reached at outer Ring Road, Kudesia Park, where he came to know that PCR Van has taken the injured to Trauma Centre. He reached in Trauma Centre and obtained MLC No.75953 of injured Om Prakash, on which doctor has opined the patient unfit for statement. On enquiry wife of injured Smt. Sudesh Jain was found present who stated that today he along with her husband were going to Yamuna dip towards Kudesia Park. While they were crossing the road, at around 11, one scooter rider drove his scooter from Chandgi Ram Akhara in rash and negligent manner and hit her husband. Her husband fell down and he sustained injuries on head and other part of the body. Scooter rider also fell down, but later he left the place along with his Scooter Regn. No.DL-7SQ-7364. She can identify the accused if shown to her. On her statement, FIR No.179/2006, u/s 279/337 IPC was registered in PS Civil Lines. Later, SI Mohan Lal reached Trauma Centre to record the statement of injured, where doctor has opined the patient fit for statement. Injured Om Prakash stated that scooter rider was wearing Khakhi uniform and today he has come to the hospital to settle this issue amicably, whose name has been disclosed as HC Bijender Singh and who was present here. Injured Om Prakash pointed out HC Bijender Singh by hins hand that he was the person who drove his scooter No.DL-7SQ-7364 in rash and negligent manner and hit him with his scooter. Later notice to the owner of the scooter was given and HC Bijender Singh was arrested in case FIR No.179/2006 u/s 279/337 IPC. HC Bijender was released on bail as the offence was bailable".