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Joint Commissioner of Police and ors. Vs. Sube Singh and ors.

Court : Delhi

Reported in : 2002VIIAD(Delhi)539; 99(2002)DLT37

..... the learned tribunal by reason of the impugned judgments, upon analysing the provisions of delhi police act, 1978 and delhi police (punishment and appeal) rules, 1980, inter alia, held that in the absence of any notification issued by the administrator, the joint commissioner of police could not have been empowered to initiate any departmental proceedings against the respondents concerned. 7. ..... delhi police act, 1978 was enacted to amend the law relating to regulation of police in the union territory of delhi. ..... delhi police force is constituted in terms of delhi police act, 1978. ..... the appellate authorities in cases in which appeal is admissible as laid in section 23 of the delhi police act are indicated in the following table:- ---------------------------------------------------------------------officer by whom original order of punishment is appellate authoritypassed-----------------------------------------------------------------------1 ..... in the afore-mentioned situation and having regard to the provisions of delhi police act, in our opinion, the officer memorandum issued by the central government to the effect that upgradiation of post would amount to a creation of post, cannot be accepted ..... such a post must be created in accordance with the provisions of the delhi police act and the rules framed there under and as no notification has been issued empowering the joint commissioner delegating the power of a statutory authority, the impugned order cannot be said to be bad in law. 12 .....

Outdoors Communication Vs. Pwd and Municipal Corporation of Delhi

Court : Delhi

Reported in : 2007(2)CTLJ179(Del)

..... in exercise of the powers conferred on the commissioner of police under section 28(1)(e) read with the proviso to sub-section 3 of section 28 of the delhi police act, 1978 and with the previous sanction of the administrator of union territory of delhi, the commissioner made the delhi control of erection or exhibition of advertising devices regulations, ..... the expression 'street' is defined under the delhi police act, 1978 and reads thus:section 2(r): 'street' includes any highway, bridge, way over a causeway, viaduct or arch or any road, lane, footway, square, court, alley or passage accessible to the public, whether or not it is a thoroughfarethus, a footway, ..... is also admitted non-compliance of the provisions of the delhi police act and the regulations framed there under.agreement opposed to public ..... mcd would have the right to collect tax on advertisements, certainly, the statutory power of the police under the delhi police act and the regulations framed there under cannot be taken away by any administrative act or even by executive order. ..... these sites include inter alias traffic islands near lothian bridge, vands, mataram marg crossing at delhi gate, nehru place; roundabouts at pusa; footpaths at karampura, new police post madipur, vikas puri, c-block gurdwara, t-point of rani jhansi road and new rohtak road, riddge road and simon boliver marg, delhi police school, safdarjung enclave, park near hanuman mandir, tilak bridge, park near rao travels - basant enclave, park near 3 cs .....

Kuldeep Singh Vs. the Commissioner of Police and ors.

Court : Supreme Court of India

Reported in : AIR1999SC677; [1999(81)FLR630]; JT1999(8)SC603; (1999)ILLJ604SC; 1998(6)SCALE588; (1999)2SCC10; [1998]Supp3SCR594

..... 2138/sd, liable for punishment under section 21 of delhi police act, 1978.sd/- shakti singhshakti singhinspector, enquiry officer,de cell, vigilance, delhi.'13. ..... having regard to the law as set out above, and also having regard to the fact that the factors set out in rule 16(3) of the delhi police (f & a) rules, 1980, did not exist with the result that rule 16(3) itself could not be invoked, we are of the opinion that the enquiry officer was not right in bringing on record the so-called previous statement of ..... as far the evidence is concerned, it is contended that though it is true that none of the complainant was examined but on account of rule 16(3) of the delhi police (f & a) rules, 1980, it was not required to produce the complainant in person as the rule itself contemplated that in the absence of a witness whose presence could not be procured without undue delay, inconvenience or expense, his statement, already ..... the appellant, a constable in the delhi police was dismissed, after a regular departmental enquiry, from service, by order dated 3-5-1991, passed by dy. ..... the findings recorded by the enquiry officer, have also been upheld by the deputy commissioner of police, south district, new delhi who had passed the order on 3rd of may, 1991 by which the appellant was dismissed from service. ..... non-production of the complainants is sought to be justified with reference to rule 16 (3) of the delhi police (f & a) rules, 1980. .....

Surender Kumar Vs. Commissioner of Police and ors.

Court : Delhi

Reported in : 123(2005)DLT185; 2005(83)DRJ703

..... reference in this regard may be made to his appeal filed under section of the delhi police act, 1978 read with rule 24 of the delhi police (punishment and appeal) rules, 1980. ..... the petitioner is a constable in the delhi police and being a member of a disciplined force he was required to atleast inform and apply for leave duly supported by documents to the department. ..... it is an admitted case of the petitioner that he had absented himself during this period and did not perform the duties as a constable in the delhi police. ..... the disciplinary authority-additional deputy commissioner of police, central district, delhi after examining and considering the facts of the case passed an order dated 10th may, 2001 dismissing the petitioner from service and directed that the five periods of absence be treated as periods not spent on ..... he was also directed to report to the chief medical officer, civil hospital, rajpur road, delhi for medical examination but there was no response or reply. ..... on appeal filed by the petitioner, the joint commissioner of police vide order dated 28th january, 2002 converted the punishment of dismissal, to removal from service but upheld the order of the disciplinary authority that the periods of absence should be treated as leave without pay.5. ..... we feel that such unauthorised leave and absence cannot be tolerated in a disciplined police force.9. .....

Si Sobhan Baraik Vs. Govt. of Nct of Delhi and ors.

Court : Delhi

..... to the applicant, tribunal being the court of first instance ought to have framed and decided the question of law about the vires of rule 15(2) vis-a-vis rule 23(b) of delhi police (punishment and appeal) rules, 1980 framed under section 147 of delhi police act, 1978 read with section 23 of delhi police act, 1978. ..... "the learned counsel for the petitioner/applicant has contended that the ground regarding violation of mandatory rule of 15(2) of delhi police (punishment and appeal) rules, 1980 pertains to jurisdiction of the disciplinary authority and so should be allowed to be ..... dismissed, however, the merits raised by the petitioner/applicant are also considered.the review is sought by the applicant primarily on the ground that the disciplinary authority failed to appreciate that the mandatory rule 15(2) of delhi police (punishment and appeal) rules, 1980 had been violated in as much as the approval of the additional commissioner ..... since the plea regarding non compliance of rule 15(2) of delhi police (punishment and appeal) rules, 1980 was not taken before the central administrative tribunal, principal bench, the petitioner cannot be allowed to take the ground before this court in seeking review of order of dismissal of ..... tribunal dated 18th february, 2009 and the order of punishment by the disciplinary authority dated 3rd april, 2006 and the appellate authority dated 11th august, 2006 are bad on account of violation of rule 15 (2) of delhi police (punishment and appeal) rules, 1980. .....

Sodan Singh Vs. N.D.M.C. and ors.

Court : Supreme Court of India

Reported in : AIR1998SC1174; JT1998(1)SC532; 1998(1)SCALE449; (1998)2SCC743; [1998]1SCR629; 1998(1)LC424(SC)

..... such special law has been brought to our notice except the delhi police act, 1978 and delhi (control of vehicular and other traffic on roads and streets regulation) act, 1980, referred to in the first sodan sing's case ..... must be had also to the provisions of the delhi police act, 1978 and delhi control of vehicular and other traffic on roads & ..... to the above said extent.one of the eligibility criteria followed by thareja committee; in respect of the period(1) prior to 1977(2) 1978-80(3) 1981-87the thareja committee was prepared to condone absence of proof of squatting/hawking only for one year. ..... this court, on a consideration of all the above factors, directed the new delhi municipal committee to frame a scheme in regard to the areas or places where hawking/squatting is to be permitted and as to the number of squatters ..... chaturvedi, presently working as joint registrar hi the high court of delhi to undertake the various duties and functions enumerated as above (which are again summarised below) and complete the job, as far as possible, within a period of a 6 months from the date of ..... authority to permit 'hawkers and squatters' on the side walks wherever the municipality considers it practicable and convenient, under the provisions of the punjab municipal act, 1911 (or delhi municipal corporation act, 1957). ..... it was directed on 21.12.1989 that the district judge, delhi should nominate a judicial officer with the previous concurrence of the high court to carry out the suggestion made .....

Jai Bhagwan Vs. Commissioner of Police and ors.

Court : Delhi

Reported in : 166(2010)DLT563

..... delhi police act, 1978.sd/- shakti singhshakti singhinspector, enquiry officer,de cell, vigilance, delhi ..... having regard to the law as set out above, and also having regard to the fact that the factors set out in rule 16(3) of the delhi police (f & a) rules, 1980, did not exist with the result that rule 16(3) itself could not be invoked, we are of the opinion that the enquiry officer was not right in ..... passenger is not known to me.i was shown the complaint of a passenger ranjana kapoor addressed to the duty manager, delhi police which was not written in my presence today and no money transaction what so ever happened in front of me.sd/-p.s. ..... ranjana kapoor was taken on record in total violation of rule 16 (iii) of the delhi police (punishment and appeals) rules (hereinafter referred to as rules) as the same has neither been recorded and attested by any ..... of any witness whose presence cannot, in the opinion of such officer be procured without undue delay, inconvenience or expense (sic) necessary provided that it has been recorded and attested by a police officer superior in rank to the accused officer or by a magistrate and is either signed by the person making it or has been recorded by such officer during an investigation or a judicial enquiry or trial ..... constable in delhi police when on ..... justified with reference to rule 16 (3) of the delhi police (f & a) rules, 1980. ..... months.the above act on your part amounts to grave misconduct and unbecoming of police officers which renders ..... act, 1978 .....

Ravi Kumar Vs. Deputy Commissioner of Police, West District, Delhi

Court : Delhi

Reported in : 1983(2)Crimes442; 25(1984)DLT285

..... (2) the deputy commissioner of police district, new delhi served the petitioner with a notice under section 50 of the delhi police act, 1978 calling upon him to show cause why he should not be externed from the union territory of delhi for a period of 2 years under section 47 of the delhi police act, (3) the relevant part of the notice is as follows : 'you are found to have been involved in the following cases committing offences punishable under excise act. ..... (8) shri nand kishore, learned counsel for the petitioner, contended that for the application of section 47 of the police act besides the conditions mentioned in clauses (a), (b) and (e) the commissioner has to be further satisfied that the witnesses are not willing to come forward to give evidence in public against such a person by reason of apprehension on their part as regards ..... shri nand kishore further contended that out of the 14 cases mentioned in the show cause notice the petitioner was acquitted discharged in 9 cases and that the deputy commissioner of police was not justified in initiating the proceedings on the basis of cases in which the petitioner had been acquitted. ..... of the 14 cases mentioned 12 cases relate to the period prior to 1975 and that there are only 2 cases of the year 1982 out of which in one case he has .been discharged and that the deputy commissioner of police has gravely erred in taking into consideration stale and irrelevant material. ..... act, 1978 against you. .....

Vinod Kumar Vs. Govt. of Nct of Delhi and ors.

Court : Delhi

Reported in : 2002VAD(Delhi)385; 99(2002)DLT266; 2003(3)SLJ267(Delhi)

..... under the common law or even under the delhi police act, 1978 or the delhi police (punishment & appeal) rules, 1980 simultaneous departmental proceedings and the criminal proceedings are not prohibited.14. ..... 931/ne amounts to grave misconduct, lack of integrity which renders him liable for departmental action under section 21 of delhi police act, 1978.'4. ..... the petitioner was a constable working with delhi police.3. ..... the following charge sheet was issued against him by the additional commissioner of police, north-east district, delhi:-'it is alleged that constable vinod kumar, no. ..... remain stayed pending judgment in a criminal trial is the question involved in these writ petitions, which arise out of judgments and orders dated 18.03.1998 and 28.07.1998 passed by the central administrative tribunal, principal bench, new delhi (hereinafter referred to as, 'the tribunal') in the original applications nos. ..... having regard to the charges against the petitioner even on their acquittal in the criminal case, they may not be found fit for continuing in the police services, if the same are proved. ..... besides, the tribunal has pointed out that the acts which led to the initiation of the departmental disciplinary proceeding were not exactly the same which were the subject-matter of the criminal case.'17. in b.k ..... c-268, shastri nagar, when they were planning to loot the cash of milk van, which uses to bring cash from delhi, with the help of a looted maruti van. ..... 931/ne.the above act on the part of const .....

Dev Raj Diwan Vs. T.R. Kakkar and ors.

Court : Delhi

Reported in : 17(1980)DLT128

..... 1) under section 50 of the delhi police act, 1978. ..... (6) another notice was issued to the petitioner under section 50 of the delhi police act but quashed by this court by an order dated march 13 1979 holding that the deputy commissioner of police had not been delegated the powers to issue a notice under section 50. ..... but we find that following the judgment of this court holding that a conviction was a condition precedent before a person can be asked to leave delhi under section 57 of the bombay police act, as extended to delhi, the learned additional district magistrate quashed the notice. ..... mathur, learned counsel for the petitioner, is that the petitioner had earlier been served with notice for externment under the then bombay police act, as extended to delhi, on the same ground on which the present notice has been issued. ..... (5) it is true that a notice issued to the petitioner under section 57(a) of the bombay police act, as extended to delhi, was quashed by mr. ..... it is thus stated that the police in order to wreak their vengeance issued a notice under section 50 of the act on june 23, 1979 calling upon the petitioner to show why he should not be externed from the union territory of delhi for a period of two years under section 47 of the act. .....