TaxTMI 
TaxTMI 
2006 (4) TMI 493
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....persons who were accused therein, inter alia, made confessions stating that the respondent had committed theft of the said two revolvers and pistol. The respondent on the basis of said confessional statements was arrested on 05.09.1997. While in police custody he also made a confession as regards his involvement in the said offence. He also led the investigating team to the room of the Vijay Ghat Armoury and pointed out the place wherefrom, he while working as a Sentry on the night of 22/23.06.1997, committed theft of two revolvers and one pistol with some of his colleagues. An identification memo. was prepared therefor wherein one Inspector Bhalle Ram was a witness. In view of the fact that apart from confession of the accused, there was no other material on records, the respondent was discharged from the criminal case by an order dated 01.08.2001. He was in the meantime dismissed from service without holding any enquiry in terms of the proviso appended to clause (2) of Article 311 of the Constitution of India, by an order dated 09.09.1997. A departmental appeal preferred thereagainst by him was dismissed by an order dated 09.02.1998. The validity of the said order was questioned ....
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....ary Authority, stating : "I have gone through the record and facts of the file, enquiry report submitted by the E.O., defence taken by the delinquent Const. Minutely and meticulously. The charges in a disciplinary action are based on preponderance of evidence that does not exclude confession made to the police and such confessions need not be necessarily supported by recovery of material fact as enumerated in the Indian Evidence Act. In agreement of conclusion by the E.O. I find that charges are proved against the delinquent officer, if is allowed to continue in the department like Police, he not only will damage the department by his criminal activities he will also tarnish image of the police department. Therefore, I Manoj Kumar Lal, Deputy Commissioner of Police Ist Bn. DAP on being satisfied that charges on the basis of proof available on the record are proved against the def. Const. and are of such nature that calls for major departmental punishment, I award Const. Narender Singh, NO. 730/DAP punishment of dismissal from the service with immediate effect. His suspension period from 30.10.2001 to date of issue of this order shall be treated as not spent on duty for all inten....
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....ld be attracted as such confessions in police custody are ordinarily extracted by force. Even if the provisions of Section 26 of the Evidence Act, the learned counsel would submit, per se are not applicable, the principles analogous thereto would be applicable even in departmental proceedings. It was furthermore submitted that in view of the fact that the respondent was discharged from the criminal case, having regard to the provisions contained in Rule 12 of the Delhi Police (Punishment and Appeal) Rules, 1987 (hereinafter referred to as 'the 1987 Rules') , the order of punishment was not sustainable. It is not in dispute that the standard of proof required in recording a finding of conviction in a criminal case and in a departmental proceeding are distinct and different. Whereas in a criminal case, it is essential to prove a charge beyond all reasonable doubt, in a departmental proceeding preponderance of probability would serve the purpose. [See Kamaladevi Agarwal v. State of W.B. and Others, (2002) 1 SCC 555] It is now well-settled by reason of a catena of decisions of this Court that if an employee has been acquitted of a criminal charge, the same by itself would no....
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.... on the night between 22/23.6.97 at about 2 to 5 am he along with other accused had stolen 2 revolvers and 1 pistol. The memo was prepared and signed by him as well as others including Const. Narender. The Memo is exhibit PW- 8/A." In the cross-examination, he was asked only four questions which together with answers rendered thereto, as recorded by the Enquiry Officer are reproduced hereinbelow : "Q. No. 1 : Has the exhibit PW-8A any date written by Inspr. Tej Pal Singh ? Ans. The signature of Inspr. Tej Pal Singh is there. Q. No.2 Is there any date on his exhibit below the signature of Narender Singh ? Ans. No. Q. No.3 Has Inspr. Tej Pal Singh recovered any weapon from Const. Narender on that day ? Ans. The weapon was not recovered in his presence but IO told that the weapons have already been recovered. Q. No.4 Do you know that court decided the case on merits ? Ans. Yes." The fact that the respondent as an accused in the aforementioned case made a confession and had pointed out the place wherefrom he allegedly had stolen two revolvers and one pistol, has, thus, not been disputed. It may be noticed that no question was, furthermore, put to the sa....
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....ere, therefore, not correct in arriving at the finding that the said confession was not admissible even in a departmental proceeding. In Kuldip Singh v. State of Punjab and Others [(1996) 10 SCC 659], this Court held : "10. Now coming to the main contention of the learned counsel for the appellant, it is true that a confession or admission of guilt made by a person accused of an offence before, or while in the custody of, a police officer is not admissible in a court of law according to Sections 25 and 26 of the Evidence Act, 1872 but it is equally well settled that these rules of evidence do not apply to departmental enquiries" It is now well-settled that the provisions of the Evidence Act are not applicable in a departmental proceeding. [See Depot Manager, A.P. State Road Transport Corporation v. Mohd. Yousuf Miya and Others (1997) 2 SCC 699; Lalit Popli v. Canara Bank and Others (2003) 3 SCC 583; and N. Rajarathinam v. State of T.N. and Another (1996) 10 SCC 371]. In State of Andhra Pradesh and Others v. Chitra Venkata Rao [(1975) 2 SCC 557], this Court held : "The High Court was not correct in holding that the domestic enquiry before the Tribunal was the sa....