Judgement

BACHAWAT, J.: The respondent was recruited as a constable in the police service in the undivided Punjab on April 3, 1934. By April 1946 he was promoted to the rank of Assistant Sub-Inspector. In 1950, he was posted at Delhi. On August 26, 1955 be was confirmed in this rank by the Senior Superintendent of Police, Delhi.

2. In the beginning of 1957 an accusation was made against him that while investigating a case registered by him against one Mohammad Jamil under First Information Report No. 1322 dated November 25, 1956 he had taken one Rame Shah to the Lahori Gate police post without formally arresting him and received from him by way of illegal gratification Rs. 100/- which was paid on his behalf by one Roshan Lal. On coming to know of this complaint Sri A. C. Chaturvedi, Superintendent of Police (City), Delhi, made some kind of summary inquiry into the matter and on 28-2-1957 passed the following order:-

"Reference complaint received from S. P. s Office Vide No. 1212/GB, dated the 12th of January 1957.

Integrity of S. I. Chanan Shah No. 112/ D was found to be doubtful in connection with case F.I.R. 1322 dated 25-11-l956 under Section 20.11.78 of P. B. Kotwali against one Mohd. Jami a Pakistani National. He is hereby censured." On a review of this order under rule 16.28 of the Punjab Police Rules, 1934, Sri N. S. Saxena, the Deputy Inspector General of Police passed the following order on June 12, 1957:-

"I have gone through the inquiries made by the city police as well as by the Crime Branch and feel that the S. I. should have been dealt with departmentally for his misconduct and by which course the S. I. could have a chance to prove his innocence. I therefore order under P. S. 16-28 that the censure awarded to officiating Chanan Shah be cancelled and he should be dealt with departmentally. The departmental file will be prepared by Sri B. L. Gulati, I. P. S., Superintendent of Police (Traffic). The relevant papers may be sent to him." The conduct of the departmental inquiry was entrusted to Sri D. C. Sharma, Superintendent of Police, Central District, Delhi. On August 20, 1957 Sri Sharma wrote the following D. O. letter No. 2165C to Sri C. B. Dube, District Magistrate, Delhi :-

"1. On 25-11-56, S. I. Chanan Shah No. 112/D while posted as I/c P. P. Lahori Gate recovered a revolver with 6 rounds from the possession of one Mohd. Jamil alias Mohan Lal of Lahore while the latter was staying at Regal Hotel. A case FIR No. 1322 dated 25-11-56 u/s. 20.11.78 Arms Act was accordingly registered at P. S. Kotwali. The investigation of this case was carried out by S. I. Chanan Shah.

2. During the course of investigation, the S. I. raided the house of one Rame Shah owner of shop No. 1387 Lajpat Rai Market. Although nothing incriminating was found, yet he took Rame Shah to the P. P. where it is alleged, he (Rame Shah) was threatened with arrest and later on let off at midnight after he had paid a sum of Rs. 100 through one Roshan Lal by way of illegal gratification.

3. In the course of inquiry it is felt that there is no sufficient evidence to prosecute the S. I. in a court of law under the Prevention of Corruption Act, though he can be successfully dealt with departmentally.

4. In view of the above it is proposed that he may be dealt with departmentally instead of filing judicial proceedings against him. Necessary approval under P. P. Rule 16.38 may kindly be accorded."

A copy of the letter was produced in this Court. On August 21, 1957 Sri C. B. Dube, District Magistrate, Delhi, sent the following letter to Sri D. C. Sharma:-

"Please refer to your D. O. letter No. 2165-C dated the 20th August, 1967.

Sanction is hereby accorded to the taking of departmental action against S. I. Chanan Shah as required under Punjab Police Rule 16.38."

3. On November 15, 1957 Sri Sharma drew up a formal charge-sheet. On the basis of the charge-sheet he held an inquiry and found that the allegations against the respondent were substantially true. On March 18