COMMISSIONER OF POLICE AND ANR vs SHRI SHAJI SV

Judgment text excerpt

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15691/2023& CM APPL. 62945/2023 COMMISSIONER OF POLICE AND ANR .....Petitioners Through: Mr. Farman Ali, SPC with Ms. Laavanya Kaushik, GP and Ms. Usha Jamnal, Advs. versus SHRI SHAJI SV .....Respondent Through: Ms. Esha Mazumdar and Mr. Setu Niket, Advs. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT(ORAL) % 10.02.2025 AJAY DIGPAUL, J. FACTUAL BACKGROUND 1. The respondent, while working as a Constable in Delhi Police, was assigned picket duty at the residence of Mr. Sajjan Kumar, Member of Parliament, on 19.05.1994. 2. On the same day, at 03:40 p.m., the respondent proceeded to Hindu Rao Hospital for medical treatment. However, he neither reported back to the police post nor sent any intimation until 09:00 p.m., and was accordingly marked absent on 19.05.1994. Signature Not Verified Signed By:MEENU W.P.(C) 15691/2023 Page 1 of 12 KALRA Signing Date:11.03.2025 18:28:55 3. During the intervening night of 19.05.1994, a complaint was lodged by one Mr. Ram Babu Mishra at PS Sultanpuri, alleging a burglary attempt at his residence. The complainant identified the respondent herein, his neighbour, who allegedly attempted to flee but left behind his purse, identity card, and driving license, which were subsequently handed over to the Investigating Officer. An FIR bearing No. 250/1994 was registered against the respondent under Sections 457, 380, and 511 of the Indian Penal Code, 1860 (‘IPC’). 4. Pursuant to the registration of the FIR, the respondent was placed under suspension w.e.f. 19.05.1994, and a Departmental Enquiry was initiated against him under provisions of Delhi Police (Punishment & Appeal) Rules, 1980 vide office order dated 01.11.1994. 5. An Inquiry Officer 1 was appointe