SC allows appeal against HC order against police constable

New Delhi, Apr 9: The Supreme Court has allowed an appeal of the Delhi Police Commissioner against a Delhi High Court order setting aside the dismissal of a police constable found guilty of stealing weapons from the police armoury.

A bench, comprising Mr Justice S B Sinha and Mr Justice P P Naolekar, on April 5 upheld an order of the police department dismissing respondent Narender Singh and set aside both the orders of the High Court and the Central Administrative Tribunal (CAT).

Singh, who was posted as sentry at Vijay Ghat in the capital, was accused of stealing two revolvers and a pistol and arrested on September five, 1997. He had earlier also been arrested in 1995 under section 308/34 IPC (causing grievous injury and common intention).

However, he was discharged by the High Court on August 1, 2001 in the weapon theft case.

The respondent had challenged his dismissal from service on the ground that no inquiry under Article 311 (2) of the Constitution was conducted and he had been discharged in the criminal case.

The department later instituted an inquiry and issued a chargesheet against the constable.

The apex court, while holding that sections 25 and 26 of the Indian Evidence Act did not apply to departmental proceedings, said, ''The impugned judgments of the Tribunal and the High Court can not be sustained, which are set aside accordingly.

The appeal is thus allowed.

UNI