JUDGMENT

H.K. Sema, J. — The appellant was head constable in Delhi Police. He was served with the charge, substance of which reads:-

“On 29.3.95 a case FIR No.236/95 u/s 325/34 IPC PS Sultanpuri was registered by HC Vijay Singh No.310/NW after the receipt of MLC report of Sh. Nand Kishore. In the FIR, the HC showed the name of Sh. Ram Raj as an accused including the other persons. The HC also mentioned that he recorded the statement of Sh. Nand Kishore on 4.3.95. On scrutiny it was found that there was overwriting in DD No.10, dated 4.3.95 which was written by the HC on 4.3.95 and is very much visible. As per procedure HC Vijay Singh, was supposed to enter the statement of Sh. Nand Kishore in the daily diary on the same day to avoid doubt, but the HC failed to do so and did not follow the procedure and also made some over writing in daily diary with ulterior motive.”

2. Admittedly, the charge was framed after a preliminary enquiry was conducted by PW-4 Sh. Bhairo Singh, ACP Kamla Market, Delhi. An enquiry was conducted by PW-4 and its report was submitted to DCP/North-West Distt.Delhi on 21.8.95 which was marked as Exhibit PW-4/A.

3. Many grounds have been urged before us. The prin