AJIT PRAKASH SHAH, CJ

1. Constable Rajender Kumar, the petitioner herein, faced a joint departmental inquiry with his co-delinquent Constable Virender Kumar on the following charge:

“I, Inspector Ashok Goswami, E.O./D.E.Cell, Delhi charge you Const.Virender Kumar, No.1737/SD and Const. Rajender Kumar No.3417/SD that you were on Motor Cycle patrolling duty in the area of PS Sarita Vihar in the night between 4.5.6.05, Shri R.S.Chauhan, ACP was on surprise checking from Vigilance Branch and at about 01.30 AM, he reached near Apollo Hospital on Mathura Road, he saw a few long route trucks parked on the road near patrol pump. He also saw four yellow colour Police Motor Cycles with staff near petrol pump. He watched the motor cycles for 5-10 minutes. Soon these motor cycles started chasing a few trucks coming from Badarpur side. The ACP/Vigilance also followed motor cycles after taking U-turn and intercepted one motor cycle No.DL-1 SL-6653 with you two Constables, Virender Kumar No.1737/SD and Rajender Kumar NO.3417/SD, who had stopped a truck (mini) NO.38-A-4918. When the ACP/Vigilance reached near motor cycle, he found Const. Rajender Kumar, No.3417/SD standing near the left side windo

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