A.K. PATHAK, J.

1. Vide order dated 24th June, 1997 passed by the Disciplinary Authority Petitioner, a police Constable, was dismissed from service, without holding a regular departmental enquiry, by invoking Article 311 (2) (b) of the Constitution of India. The grounds of dismissal and dispensing with the departmental enquiry have been mentioned in the dismissal order dated 24th June, 1997 and, for the sake of ready reference, same are reproduced as under:-

“One K.S. Rana was shot dead on 14.4.97 in Swroop Nagar by some unknown persons. A case FIR No. 289/97 u/s 302/34 IPC PS Samay Pur Badli was registered. One Virender Singh was shot near Gole Market on 21/4/97 by car borne criminals. A case FIR No. 196. u/s 307/34 IPC PS Mandir Marg was registered. On 7.4.97, a scooterist was robbed of Rs.2.20 lacs in the area of PS Samay Pur Badli. Case FIR No. 266/97 u/s 395/397 IPC was registered. One Davender Singhs s/o Mohender Singh r/o Poonth Kalan, Delhi reported at 10.30 PM on 5.4.97 that four persons namely Sandeep @ Bhoori B.C. of Lawrance Road, Jitender Rathi @ Kale r/o Krishan Vihar, Sanjay r/o Mnjri and Virender @ Kale r/o Khera Khurd robbed him of his white Maruti Car No. DL-8 CC 3975. They also fired at Davender when he tried to resist. A case FIR No. 446 dated

14. 4.97 u/s 307/392/34 IPC PS Sultan Puri was registered and investigation was handed over to Inspr. Spl. Staff/North West Delhi, as it was suspected that the above mentioned accused had murdered Sh. K.S. Rana r/o Khere Kalan and used the same Maruti Car with fake No. Plates. During the course of investigation of these cases it was established that it was the handiwork of Sandeep @ Bhoori Gang consisting of Sandeep, Jitender Rathi @ Kala, Sanjay, Virender etc. 9 members of this gang have since been caught by Crime Branch on North Distt. The interrogation has revealed that Const. Jasminder Singh, No. 7570/DAP (PIS) No. 28912054 was found to be in association with this gang. Some of the specific instances are mentioned below:

1. After committing crime in case FIR No. 266/77 u/s 395/97 IPC, the above accused persons went to the house of one Ravi Tyagi who is a very good friend of Const. Jasminder Singh /@ Jassa/Singh No.7570/DAP & Cts. Joginder Singh and Sandeep Singh, Ravi Tyagi disclosed this fact to them. It is worth mentioning that Ravi Tyagi, Sandeep Singh (Const.), Jasminder Singh and alongwith Jitender Rathi helped one Ajay Chauhan in taking forcible possession of a plot in Malviya Nagar previously. Ravi Tyagi was arrested in a murder case in 1992.

2. After the murder of Sh. K.S. Rana, Sandeep @ Bhoori, Virender, Jitender Rathee and Sanjay vide the above mentioned case again went to the house of Ravi Tyagi, changed their blood stained clothes, No. plate of Maruti Car which was used in commission of crime. Ravi Tyagi once again informed Ct. Jasminder Singh (No. 7570/DAP), Cts. Joginder Singh and Sandeep Singh regarding this crime. All these three Constables were found sending the messages to these criminal on their pagers for the reasons best know to them.

3. On 16.4.97 Ct. Jasminder Singh, alongwith Cts. Sandeep Singh, arranged a meeting in the house of Ct. Sandeep Singh (H.No. 71, Type II, Shalimar Bagh) Police Colony, with Sandeep @ Bhoori, Sanjay and Virender @ Kale. All of them assembled at the house of Ct. Sandeep where the accused persons confessed that they have murdered K.S. Rana. They also showed the revolver and gold chain belonged to K.S. Rana. But none of the Cts. wished to inform the police regarding their presence.

These instances clearly indicates the association of Constable Jasminder Singh with Bhoori gang and others. Constables Jasminder Singh who is a Policeman should have informed the concerned Police Station about the involvement of Bhoori and others in the heinous offences. Instead of doing his duty he assisted the criminals. The above information is revealed during the interrogation of various persons mainly the members of the