Delhi HC Upholds Dismissal Of Head Constable Accused Of Collecting Money From Passengers At Airport

The Delhi High Court has dismissed the appeal challenging the order dismissing a head constable from service who was accused of collecting money from passengers at the Delhi Airport.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed that "In the present case, this Court is dealing with Police personnel who is supposed to be the custodian of law and whose duty is to ensure that people are following the law of the land. If such a person himself breaks the law, he has to be dealt with iron hands…"

In this case, the Petitioner was an employee serving in the post of Head Constable in the services of Delhi Police, and was posted at Terminal 2 of the Indira Gandhi International (IGI) Airport.

One day the Deputy Commissioner of Police conducted a surprise visit and was informed that ASI Jagmal Singh and Head Constable Suresh Kumar who were checking Passports of passengers were collecting money from the passengers and, in those circumstances, a search was carried out.

It is an admitted fact that from the pocket of the Petitioner Head Constable Suresh Kumar, 75 Dirhams were recovered and ASI Jagmal Singh was also present on duty at the same point of time. A joint enquiry was ordered in the matter against both of them.

After meticulous examination of the witnesses, it was held that the charges stood established. Finally, an order by the Disciplinary Authority dismissing the Petitioner as well as ASI Jagmal Singh from service.

The appeal against the said Order was also dismissed, following which an appeal was made before the High Court.

Advocate Anil Singal appeared for the petitioner whereas Advocates Nitesh Kumar Singh and Laavanya Kaushik appeared for the Respondents.

The High Court noted that "The present case is certainly not a case of no evidence. It is an open and shut case, wherein, a Head Constable was found with 75 Dirhams. He was posted on a very sensitive duty, to check the passports of passengers. Possession of foreign currency in his pocket at the time of a surprise check read with statements of other witnesses clearly establishes the misconduct committed by him."

The Court held that there was no reason to interfere with the order passed by the Disciplinary Authority, the Appellate Authority as well as the order passed by the CAT.

Accordingly, the petition was dismissed.

Cause Title- Suresh Kumar V. CP & Ors.

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