( 1 ) THE petitioner Constable Driver in Delhi police was dismissed from service on 15. 3. 1982. A charge of stealing a brass utensil (Patila) was held to be proved against him. The enquiry was conducted u/s 21 of the Act. In this petition the petitioner has challenged his dismissal from service. The charge against the petitioner was (--)

( 2 ) A criminal complaint was lodged against the petitioner u/s 380, Indian Penal Code. However, the same was not pursued. The Deputy Comm. of police (C. K. Misra) decided that instead of proceeding in the criminal court a departmental enquiry should be conducted. [portion of his order is reproduced]

( 3 ) THE prosecution examined 9 witnesses. The petitioner examined 3 witnesses in support of his case. His main plea was that the allegation was concocted and false. From the evidence it is clear that nobody had seen the petitioner actually removing the utensil from the mess. However, the prosecution witnesses as well as the defence witnesses had found the utensil in the truck of which the petitioner was the Driver. Two prosecution witnesses also stated to have seen the petitioner depositing the utensil in the mess. All this is after the