Bhanwar Singh vs Govt. Of NCT Of Delhi And Ors

1.The current O.A. has been filed seeking the following reliefs:-

"(A) To quash and set aside the impugned SCN dt. 16.5.2013, Order of Censure dt. 24.6.2013 and Appellate order dt. 22.4.2014 with all consequential benefits.

(b) Award cost of the proceedings in favor of the applicant and pass such other and further orders as deemed it and proper in the circumstances of the case to meet the ends of justice."

The facts of the case, in brief, are that the applicant was working as Sub-Inspector in Tilak Nagar Police Station on 15.05.2013. A team of special staff West District conducted a raid at C/205, Ist Floor, Junk Market, Phase-II, Maya Puri, Delhi and arrested thirty five persons for gambling. They seized a sum of 6,35,830/- along with other articles used in gambling from the spot. Accordingly, a FIR No.131/13 dated 15.05.2013 u/s 03/04/05/12/09/55 Delhi Public Gambling Act was registered against them. The applicant in the O.A. was accused of failing to collect the intelligence and detect the gambling in his beat area. He was issued a show cause notice on 16.05.2013. The Disciplinary Authority awarded a penalty of censure to the applicant on 24.06.2013 on the charge of negligence. The appeal of the applicant was also rejected on 22.04.2014.

In the O.A., the applicant states that National Green Tribunal vide their order dated 08.05.2013 had issued directions prohibiting burning of plastic material, use of gas/electronic cutter and storage of any e-waste in Maya Puri Area. The Delhi Police had been directed to ensure that these directions are carried out without delay. It is submitted that the Delhi Police vide their order dated 14.05.2013 deputed a team of 16 officers, including the applicant, to carry out the directions of NGT. It is further averred that the applicant and his staff were over busy in the matter and could not depute full time to their normal duties. Immediately after the receipt of order dated 14.05.2013, the applicant started his work by distributing the pamphlets publically announcing the order of National Green Tribunal in the area by loud hailer. A copy of the order was given to the traders individually, who were cutter or involved in storing e-waste.

The applicant states that impugned orders have been issued without application of mind and without taking into account that the applicant was part of the special team for implementation of National Green Tribunal"s order, and that there is no allegation of any connivance on his part in the gambling racket.

The  applicant  has  relied  upon  the  judgment   of  Hon"ble Supreme Court in the case of Inspector Prem Chand Vs. Govt. of NCT of Delhi, 2007(4)SCC 566 in support of his contentions.

Per contra, the respondents state that apart from duties assigned by the Division Officer, the applicant also had to look after his other duties like crime control and surveillance on criminals as well as keeping close vigil over illegal activities in his Division area. Since the applicant was found to be negligent in discharging of his official duties, the penalty of censure has been rightly awarded to him.

During the course of hearing, the learned counsel for the applicant Sh. Anil Singal while reiterating the contentions raised in the OA, also drew my attention to a Note dated 13.07.2013 of SHO, Maya Puri regarding functioning of the applicant. It reads as under:-

"Forwarded pl with remarks that SI Bhanwar Singh D-4142 is an outstanding officer. He is hard working, intelligence & very well conversant with the law & procedure. He was the Division officer of Div. No.2 of PS Maya Puri in which this gambling racket was unearthed but he never connived with anyone for running it since he is very hard working & intelligent. He was always directed to assist other IOs in their cases & detection. He is also performing emergency duties in the PS. On the top of it the beat & division staff of the two beats was busy those days in implementation of order dt.8/5/13 of Hon"ble National Green Tribunal by which order a ban has been put on use of gas cutters for dismantling heavy machinery etc. in Mayapuri market. It was a time consuming & tough task as the same has been greatly used for decades & there was quick resistance from traders. As such probably SI Bhanwar Singh could not devote much time to his division which led to intelligence failure.

SI Bhanwar Singh has had very good detections to his credit including apprehending notorious car jacker Parveen @ Sonu, solving the murder case of money exchanger committed by Nigerian in Tilak Nagar, His other detections include apprehending a large number of criminals including snatcher like Karan@kanchi, Gaurav Sharma & Aman@anna etc. and a large number of auto lifters & buyers. He is sincere to his duties and as such a lenient view is requested to be taken so that his career does not suffer for no fault of his.

Therefore, it is strongly recommended to vacate the same."

The learned counsel vehemently argued that the applicant should not be punished for carrying out his duties (which in this case were the orders of the National Green Tribunal) and which required his undivided attention for proper execution. The punishment of censure, he stated is far too grave, and has been imposed without proper appreciation of the circumstances.

I have gone through the facts of the case and available records. It is a fact that during the said period, implementation of order dated 08.05.2013 of National Green Tribunal was being carried out by police personnel of West District. The orders of the National Green Tribunal were:-

"6. Teams of each of the Departments i.e. DDA, NCT of Delhi, MCD, DPCC, Atomic Energy Regulatory Commission, and DSIDC shall take inspection on regular intervals and even at odd hours to ensure that none of the directions issued by the Tribunal are disobeyed.

Commissioner of Delhi Police, particularly Additional Commissioner of Police, West District shall depute specific force to ensure that these directions are carried out without demur and delay.

Let the collective Report on behalf of the NCT of Delhi in regard to compliance of these directions be submitted before the next date of hearing.

List on 12th July, 2013."

9.1 Being time bound directions, the focus of beat staff was to ensure that ban order is carried out meticulously. However, this does not imply that the applicant could overlook his other duties but his priority at that time was implementation of the National Green Tribunal"s order, hence due to this multi tasking & also the fact that the gambling was in closed premises, in a congested area, timely intelligence could not be collected. Here it is relevant to observe that there is not even a whisper regarding any deliberate or oblique connivance of the applicant with the gamblers. The report of SHO Mayapuri shows that the applicant had been discharging his duties with dedication in the past with good detections to his credit.

9.2 The learned counsel for the applicant also produced before me a Circular dated 29.12.2008, which shows that officers in Delhi Police, who are awarded „censure" are debarred for promotion for six months from the date of such award. Further, amendment dated 27.06.2013 also confirms that award of censure carries adverse points, which can seriously affect the career prospects of police personnel.

9.3 The facts of the instant case are not such, which would merit inflicting such a severe punishment on the applicant, as to permanently mar, his future career prospects. A punishment, (however mild) for a bona fide oversight, at this early stage of the applicant"s career would not only be detrimental to his career but would also lead to (avoidable) demotivation.

In view of the aforesaid discussions and facts of the case, the impugned orders i.e. show cause notice dated 16.05.2013, order of Disciplinary Authority dated 24.06.2013 and order dated 22.04.2014 of Appellate Authority are quashed and set aside. O.A. is allowed No costs.