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PUNJAB & HARYANA HIGH COURT
R.L.Anand, J.
Darshan Singh Sodhi
Versus
State Of Punjab
Criminal Miscellaneous No. 17815 of 1996,
Decided On : FEBRUARY 11, 1997
CRIMINAL LAW - Quashing of FIR - Petitioner, a retired Deputy Superintendent of Police, sought quashing of FIR registered against him for misrepresenting his date of birth at the time of joining the Police Department - Petitioner claimed that he was not aware of the age criterion and that the discrepancy in his date of birth was rectified by the authorities - Court held that the allegations against the petitioner were serious and required investigation - Petition dismissed.
Fact of the Case:
The petitioner, a retired Deputy Superintendent of Police, sought the quashing of an FIR registered against him for misrepresenting his date of birth at the time of joining the Police Department. The petitioner claimed that he was not aware of the age criterion and that the discrepancy in his date of birth was rectified by the authorities.
Finding of the Court:
The Court held that the allegations against the petitioner were serious and required investigation. The Court noted that the petitioner had made contradictory statements about his date of birth and that there was evidence that he had forged documents to support his claim. The Court also found that the petitioner had been given ample opportunity to defend himself and that he had failed to provide a satisfactory explanation for his actions.
Issues: 1. Whether the petitioner misrepresented his date of birth at the time of joining the Police Department? 2. Whether the discrepancy in the petitioner's date of birth was rectified by the authorities? 3. Whether the allegations against the petitioner are serious enough to warrant investigation?
Ratio Decidendi: The Court held that the petitioner had made contradictory statements about his date of birth and that there was evidence that he had forged documents to support his claim. The Court also found that the petitioner had been given ample opportunity to defend himself and that he had failed to provide a satisfactory explanation for his actions.
Final Decision: The petition was dismissed, leaving the parties to bear their own costs.
1. Head I win tail you lose is an English proverb, which aptly applies to the petitioner -Darshan Singh Sodhi, who is seeking quashment of F.I.R. No.181 dated 4th December, 1989 under Sections 420/466/468/471, Indian Penal Code, registered at Police Station Division No. 4, Jalandhar, along with all subsequent proceedings arising therefrom.
2. The case set up by the petitioner in the present petition is that he was employed with the Punjab Police in the year 1953 as a Foot Constable. Thereafter the petitioner on the basis of his hard work, honesty and integrity gained promotions and finally he rose to the Gazetted, post of Deputy Superintendent of Police. He retired from service on 30-6-1994 after attaining the age of superannuation at the age of 58 years; so much so, he was granted all consequential benefits; including pension, gratuity, provident fund etc. According to the petitioner, in the year 1953 employment was done by the Punjab Police without any basis whatsoever as not many people were willing to join that department: The petitioner also joined the Police Department and was given appointment on the basis of his physical fitness, which included medical examination. There was no advertisement by the Department. There was no invitation of applications and, in fact, there was no eligibility criterion regarding age or education. The only difference at that time was that after appointment two platoons were made of the selected candidates one called the literate platoon and the other called the illiterate platoon. Nothing was asked from the petitioner about his date of birth. However, his age in the medical certificate as well as in the service record was mentioned to be 19 years. After recruitment, the petitioner was sent for training at the Police Station, Jahankhelan, and after coming back from the training the Department sought certificate regarding educational qualification from those who were literate. The petitioner also produced his School Leaving Certificate, which showedhis date of birth as 15-6-1936. As per the School Leaving Certificate his age at the time of recruitment was over 17 years. The petitioner further states that due to contradictory dates of birth - one mentioned in the original record of the Police showing him to be of 19 years and other in the School Leaving Certificate showing his age to be 17 years at the time of the recruitment when the name of the petitioner was recommended for promotion to the post of Head constable an inquiry was marked. The discrepancy was detected in the year 1960. The inquiry was conducted under the supervision of the then Superintendent of Police, by Inspector Prithipal Singh Dhillon. The petitioner was exonerated and the necessary rectification in the service record was then recommended and made by the concerned authorities, and the date of birth of the petitioner in the service record was recorded as 15-6-1936 while scoring off 15-6-1934. Thereafter the petitioner kept serving the Department and was given all due promotions without any hindrance. He was promoted as Inspector in the year 1987. Thereafter at the instance of vested interests, a communication from the office of Director General of Police; Punjab; was sent to the Senior Superintendent of Police on 28-11-1989 which mentioned the difference of dates and sought action against the petitioner for having mis-stated facts at the time of enlistment and getting entry when he was not actually eligible. On the basis of this communication, F.I.R. No. 181 dated 4-12-1989 was registered against the petitioner under Sections 420/471, Indian Penal Code (Annexure P I).
3. The matter was then investigated at a high level. It was first looked into and investigated by D.S.P. Raj Kishan Bedi, and then by D.S.P. Yashpal. The case was thus filed due to lack of any evidence which would show any involvement or liability of the petitioner. The case was then put up untraced by Shri Gurdev Singh, the then S.H.O. Police Station D
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