R~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 12th July 2011.
+ W.P.(C) 2579/1998
BALBIR SINGH ..... Petitioner
Through: None
versus
RAM PAL ..... Respondent
Through: None.
CORAM:
HON’BLE MR. JUSTICE PRADEEP NANDRAJOG
HON’BLE MR. JUSTICE SUNIL GAUR
1. Whether the Reporters of local papers may be allowed to
see the judgment?
2. To be referred to Reporter or not?
3. Whether the judgment should be reported in the Digest?
PRADEEP NANDRAJOG, J (Oral)
1. Proceeding departmentally and issuing a charge sheet
upon the petitioner it was alleged that while on ‘A’ shift duty at
Gate No.10 on 13.2.1995, petitioner was found to be in
possession of an excess amount. Second charge was of
accepting illegal gratification while on duty; as per charge No.1.
2. Charge sheet dated 22.3.1995, was replied to by the
petitioner, he denied the charges.
3. Inquiry officer was appointed.
W.P.(C) No. 2579/1998 Page | 1
4. Inquiry officer submitted a report holding both the charges
to be proved. Petitioner was supplied the findings of the inquiry
officer for his response, which he did, and considering the
response the Disciplinary Authority concurred with the findings
of the inquiry officer and awarded the penalty of dismissal from
service. Statutory appeal filed has been rejected.
5. Suffice would it be to note that the evidence which
emerges is the declaration of the petitioner when he was
reported to duty by making a GD entry with respect to cash he
was carrying and proof of the fact that during duty hours he was
found to be in possession of cash in excess by `34/-. The
obvious presumption would be that this amount was received by
the petitioner as illegal gratification.
6. We note that the statement of a truck driver was recorded
at the spot as per which he had paid bribe to the petitioner.
7. We note that the truck driver could not be examined at the
inquiry.
8. Be that as it may, since none appear on behalf of the
petitioner, the writ petition is dismissed in default.
PRADEEP NANDRAJOG, J
SUNIL GAUR, J
JULY 12, 2011
pkb
W.P.(C) No. 2579/1998 Page | 2