Pradeep Nandrajog, J.

1. On July 31, 1996, a police team comprising Inspector R.P.Tyagi, SI D.V.Gautam i.e. the petitioner, SI Shashi, HC Attar Chaudhary, HC Suresh Chand, Const.Naresh and Lady Const.Raj Kumari conducted a raid at Kashish Banquet Hall, Vikas Marg, New Delhi and claimed that six persons named Raghubir Singh, Sukhmal Jain, P.M.Mahesh, Lata, Alka and Reshma, were found there, involved in prostitution. Accordingly, FIR No.260/1996 for offences punishable under Sections 3, 4 and 5 of Immoral Trafficking (Prevention) Act, 1956 was registered against said persons and they were arrested in connection with the said FIR.

2. On September 10, 1996, i.e. nearly 40 days after the raid was conducted and FIR was registered, one Madhubala claiming to be the wife of accused Raghubir Singh, made a complaint against the petitioner, Inspector R.P.Tyagi and one Const.Dutt to Sh.Y.S.Dadwal, the then Additional Commissioner of Police, stating therein that the accused Lata, Alka and Reshma had come from Bombay to Delhi to perform at a stage show and were staying at Kashish Hotel in Delhi; on July 31, 1996, Lata, Alka and Reshma were leaving the Hotel to go to New Delhi Railway Station when said three police officers came to the Hotel and foisted a false case against the accused persons; the 3 police officials forcibly took away Rs.25,000/-, a gold/diamond ring and some valuable documents from Raghubir Singh; Rs.20,000/- from Sukhmal Jain and Rs.15,000/- from Lata, Alka and Reshma while taking their personal search; that the petitioner kept the money and articles snatched from the accused persons as also a Maruti car belonging to R.P.Chaudhary and Raghubir; a quarrel had taken place between Inspector R.P.Tyagi and the petitioner over money/articles snatched by them from the accused persons; petitioner, in connivance with some other persons damaged the property of R.P.Chaudhary and registered a false case against him and further that the petitioner used the car for 14 days and thereafter returned the same to them in a damaged condition.

3. Pursuant thereto a Vigilance (Preliminary) enquiry was conducted by Inspector Jagdev Chaudhary. During said enquiry, aforesaid 6 accused persons and various other persons were examined by Inspector Jagdev Chaudhary. Their statements were recorded by him. He submitted a report concluding that prima facie the allegations levied by Madhubala against the petitioner and two other police officials were correct.

4. In the meanwhile, after completing the investigation in FIR No.260/1996, a charge sheet was filed and on February 27, 1998 the concerned Magistrate took cognizance and summoned the accused.

5. In view of the Vigilance/Preliminary enquiry report submitted by Inspector Jagdev Chaudhary, on July 17, 1998, Sh.Y.S.Dadwal, who had by then risen to the ranks of a Joint Commissioner of Police, ordered departmental action against the petitioner and six other police officers who had conducted a raid at Kashish Hotel on July 31, 1996.

6. On July 27, 1997 a summary of allegations was served upon the aforesaid 7 police officers and the same reads as under:-

“It has been alleged that Inspr.Rajinder Prasad Tyagi No.D/1875, SI D.V. Gautam No.D-3019, W/SI Shashi No.D-181, HC Attar Singh No.141/E, HC Suresh Chand No.57/E, Ct. Naresh No.670/E and L/Ct. Raj Kumari No.1659/E conducted a raid on 31.7.96 and registered a false case FIR No.260/96 u/s 3/4/5 ITP Act-1956 of PS. Preet Vihar. The raid was conducted without any authority of law as Inspr./Spl. Staff has not been notified as a Special Police Officer under the I.T.P. Act 1956 vide notification No. F.5/69/80/Home (P)/Estt. dated 14.12.88 issued by Delhi Admn.; now GNCT Delhi.

In the said case, 6 persons namely Raghubir Singh s/o Sh. Rishal Singh r/o H.No. 309, Ram Nagar, Krishna Nagar, Delhi, Sukhmal Jain s/o Lt. Sh. Sita Ram Jain r/o A-43, Krishna Nagar, Delhi, P.M. Mahesh s/o Sh. P. Mohan r/o H.No.19/B Pocket-M, Sarita Vihar, New Delhi and three girls A