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Ex-Constable/Driver S. Bijender v/s UOI & Others

    W.P.(C) No. 7556 of 2003

    Decided On, 04 November 2015

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE S. RAVINDRA BHAT & THE HONOURABLE MS. JUSTICE DEEPA SHARMA

    For the Petitioner: G.D. Gupta, Sr. Advocate with Piyush Sharma, Advocate. For the Respondents: Barkha Babbar, Advocate.



Judgment Text

S. Ravindra Bhat, J.

1. The writ petitioner, in these proceedings under Article 226 of the Constitution of India, challenges the penalty of dismissal from service imposed on him by his employer. He was working as driver in the Central Reserve Police Force (CRPF).

2. The case involves a complex factual matrix of 3 drivers who were charged and subsequently dismissed from the CRPF on account of driving, under influence of liquor, a Tata Truck bearing registration no. DL-1G-0839 into a Civil Matador resulting in the deaths of 8 persons, injury to 15 and damage to both civilian and CRPF property on 19.07.1997. The Constables/Drivers in question are Bijender Singh (Force No. 910710223) ['the petitioner' hereafter], K.K. Rai (Force No. 880891909) ['Rai' hereafter] and Virender Singh (Force No. 913129579) ['Virender' hereafter). Rai and Virender preferred W.P. (C) 666 of 2001. Bijender impugns the Order dated 30.03.2000 based on an Enquiry Officer’s Report dated 07.01.2000. The said order was subsequently upheld in Appeal on 27.10.2000. The petitioner's revision application was dismissed on 10.08.2001.

3. The petitioner was charged under eight articles of misconduct, i.e driving a CRPF vehicle (Tata Truck) unauthorizedly from Karnal Bypass road Delhi to 81 Bn. CRPF Campus, CRPF, New Delhi on 19.07.97 at about 18:30 hours and consuming illicit liquor in the campus with K.K.Rai and Virender and not reporting that day at about 19:30 hours for evening Roll Call. He was secondly charged with misconduct for having driven Tata Truck No DL-lG-0839, left 81 Bn. HQR, Pappan Kalan, New Delhi at 20:00 hours-under the influence of liquor without permission for leaving the campus from the competent authority- at a high speed while Rai and Virender were sitting in driver's cabin of the vehicle - and collided the vehicle registration no. DL-lG-0839 with a civil Matador Regn.No.DBL-5140 near Shahabad Mohammadpur, caused major damage to both vehicles, killed 8 innocent civilians and caused serious injuries to others. The third charge was abandoning the vehicle at the accident spot, unattended, rushing to the battalion campus to show his innocence, without caring for the fate of the injured. He was further charged with misconduct in that 21:30 hours, he drove Govt. vehicle Regn. No. DNG-1207 unauthorizedly without any indent or permission of the competent authority from 81 Bn.campus P/Kalan, New Delhi to the accident place in Shahabad Mohammadpur for the purpose of towing the accidental vehicle registration no. DL-lG- 0839 to 81 Bn. Campus and to hide the matter.

4. The Enquiry Officer concluded on the basis of testimony of witnesses an

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d documentary materials on the record, that Articles 1 and 4 were proved and established whereas Articles 2 and 3 not proved against the petitioner.

5. Mr. G.D. Gupta, learned senior counsel argues that the petitioner and the other charged employees were acquitted of criminal charges. The counsel submits that a Division Bench of this Court directed the reinstatement of the other accused. However, since the present petition was not taken up