Ravinder @ Ravinder Singh v. Union Territory Of Chandigarh And Others
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) )0 "Respected Sir/Madam, This is Gurdeep Singh (from mansa) currently living in mohali, sector 78.
This is to inform that after having a meal at sector 34 market, i have been returning through the intersection road of sector 34/35 (Himalayan Marg). While took a slip and found that traffic police has been checking the vehicle and asked me to park at side of road.
They asked me why my seat was loose (though i had worn it as it was meant to be), so i told them that its loose, because system that keeps the belts has been broken last sunday (Dated 25 dec 2021).
So person denied request and came up with two option. Either i pay online challan of Rs 3000 (for which slip will be given) or i can give them Rs 1500 under the table.
On which i said that its too much, though i agree to give Rs 500, against which he warned me of challan 3000. So later on he agreed to Rs 1000.
The good part is that he instructed me to google pay the amount. For which i did transaction (Trans. ID 1363615100011) on mobile number 7087383559 (Named Gurpuran dhanao).
So my main concern is how easily and openly they are part of corruption. If you check the transaction of above provided on other days too, we might end up exposing a big extortion gang (in dress of traffic police).
Regards Gurdeep singh Sent from my iPhone"
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) )0 "Keeping in view the above facts and statements recorded during the enquiry, it revealed that in absence of Incharge at joint naka Sector 34/35 LP Vol. Sombir
No.547/HGV stopped & dealt with the complainant and asked him to send money Rs. 1000 to his friend Mr.Gurpuran Singh and then Mr.Gurpuran Singh sent back the amount Rs.2000/ (in addition to another payment of Rs. 1000 received from Mr .Dhananjay Khimta) at mobile No.9781285075 (the mobile number of Vol.Ravinder 719/HGV). Therefore, the attached complaint may be forwarded to W/SSP/UT Chd for taking necessary action against Vol. Sombir No.547/HGV and Vol. Ravinder 719/HGV posted in Police Station Sector 36 as deemed fit for the above alleged act please. (HARJIT KAUR) Deputy Superintendent of Police, Traffic(South), UT Chandigarh.
Dated: 2/2/2022"
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) ) ./) %0- 10 "Submitted that I, Vol. Ravinder Singh No.719, presently doing my duties at PCR Wing and before this, I was posted at Police Station 36. On dated 29 30.12.2021 night, I was deployed at 34 35 Light point duty (10 PM to 2 PM) alongwith the Traffic Staff and our Naka In charge were ASI Ajit No.2143/CP and Const. Pawan Kumar No.4998/CP. Volunteer Sombir No.547 was also deployed at duty with me. Cars were checked by the Traffic Police and we were standing there to help them. In the mean time people known to Vol Sombir were came there and arguing with him on some topic and next day Sombir has told me that due to his Google pay was stucked, his friend ie. Gurpuran singh has transferred Rs.2000 at my mobile number through Google Pay which was taken out from my pocket and paid to Vol Sombir. I have no other information about the said money. Written and read over and believed to be true and correct.
Attested
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Sd/ Sd/ Vol. Ravinder Kumar No.719 Dated 14.02.2022 Mob. 9781285075"
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) 2 $0 "Statement of Gurdeep Singh son of Shri Prithi Singh resident of House Number 2, Street No. 2, Lalluana, Village Road, Village Mansakhurd, District Mansa Age 26 years Mobile No. 7696782256 Stated that I am resident of the above mentioned address and for the past about one year I have been living on rent in house number 892, sector 78 Mohali. My Aadhaar card number is 93001869787 and my address on Aadhar card is house number 12A, Sector 51 A, Chandigarh. We are three brothers and sisters, from which Gagandeep Kaur is the eldest sister and Sarabjeet Kaur is younger to her and both of them are married. I am the youngest of all. After completing my graduation I am doing a private job at Global Punjab and also preparing for competitive examinations.
On 29/30 12 2021 after eating food in sector 34 I was going back with my friend Krishan who is now in New Zealand from Sector 34 to Sector 78 Mohali in my car number CH01AN 1331 Sunny Nissan and it was about 11:15 PM. When I was going back from sector 34, I took a right slip road from 34 35 light point towards Mohali then I saw that on the road towards Mohali from the light point at about 100 m there is police naka.
Hindi gave me a signal to stop the car, the road was empty at that time. Only a few vehicles were passing. I stopped my car immediately on seeing his signal. The person who stopped my car came to me and said that the seatbelt I was wearing was loose. Because even after wearing the seatbelt it was loose from above. He also asked that from where I was coming and going where. He said that you should be challaned. I requested to him that there is some fault in the seatbelt and I will get it fixed and to this he ₹ said that you will have to be challaned and it is of 3000. Then he asked me that you want a challan or settling for it ₹ and said that the challan is of 3000 and I'll also have to go for paying the same so instead of giving that, give me ₹2000 to settle.
After this I tried to bargain with him and told him that I am a student so please let me go and after ₹ that he agreed for 1000. I was not having any cash with me so he asked me that what option do you have. So I said ₹ I have Google pay. Then he told me to google pay 1000 ₹ on mobile number 7087383559, and then I sent him 1000 from my mobile number 7696782256 to the Number he told me which was 7087383559. And after that I left from there in my car. And after reaching back to my house in sector 78, Mohali from my mobile phone I emailed a complaint to DGP Chandigarh and other police officers 1 have seen that complaint in your file PW 202128742 dated 31 12 2021 today. This complaint was made by me.
When I google paid 1000 on mobile number 7087383559 the name which was shown on the screen was of Gurpuran Dhanoa and I don't know Gurpuran Dhanoa. After registering the complaint the next day I received a message in an email that DSP Harjeet Kaur was appointed for enquiry on this complaint and I was also asked to join the enquiry to which I replied that I cannot join the enquiry because I don't have any time and if you want to ask something you can ask me on email only I'll answer that. After that I did not receive any message. ₹1000 which I transferred from my mobile number 7696782256 through Google pay to mobile number 7087383559 was the instructions of Sombir. I have never met and don't know Gurpuran Dhanoa.
On 17/3/2022 1 had given an affidavit because I thought that he might lose his job and I live here alone and come to Chandigarh alone and I am the only son of my mother and he may not harm me and to save his job. Written and read over and believed to be true and correct.
ATTESTED Sd/ Gurdeep singh ATTESTED Sd/ 18/01/23 Mob no. 7696782256"
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) 2 $0 "Statement of Gurpuran Singh S/O Parminder Singh R/O No. 25, village Makhanmajra, UT Chandigarh, Age 25 years & Mobile No. 7087383559 Stated that I am resident of the above mentioned address and live with my mother and father and I am studying in DAV sector 10 Chandigarh and pursuing MBA. We are two brothers and sisters. My sister Harsimran Kaur is elder to me and she is married. On 29/30 12 21 1 was using my mobile number 7087383559 and I was at my house in village Makhan Majra and I was studying at that time. It was about 1 AM when Home Guard Volunteer Sombir of village Bahalana who was my friend from school time as we studied in the same class.
He made a WhatsApp call from mobile number 8557036059 to my mobile number 7087383559 and he told me that you received a Google payment on your mobile number and forward it to Ravinder whose mobile number is 9781285075 because my Google pay is not working. So ₹ just after ending the call I sent the 1000/1000 which was received on my mobile to mobile no. 9781285075. This payment was received by me on 29 12 2021 on my google pay number 7087383559 at about 11:16 p.m. I received ₹1000 from Gurdeep Singh son of Shri Prithi Singh (Bank of Baroda) and the transaction number was ₹ 136315100011, and at about 11:53 PM I received 1000 from Shri Dhananjay Khimta (State Bank of India) and the transaction number was 136323876034.
1 transferred ₹2000 which I received from these two transactions on the instructions of Sombir on mobile number 9781285075 and the transaction number was UP1136472099869. I have already told all this on 7 1 2022 in my statement to DSP Harjeet Kaur. The affidavit which was submitted on 15/3/22 was given for the reason because I wanted to save the jobs of Sombir and Ravinder. I do not know Gurdeep ₹ Singh who sent me 1000 from mobile number 7696782256 on Google pay and I do not know Dhananjay ₹ Khimta who sent me 1000 on 29 12 2022 with transaction ID number 136323876634.
of both the transactions on the instructions of Sombir to Ravinder on Google pay.
Written and read over and believed to be true and correct. ATTESTED Sd/ Sd/ Gurpuran Singh 17/01/23 Mob no. 7087383559."
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) 2 $0 CStatement of Somveer Sharma son of Shri late Shri Shiv Kumar Sharma, Resident of House Number 334 village Bahalana UT Chandigarh age 23 years Mobile Number 9877600318 Stated that I am resident of the above mentioned address and live with my mother, father, brother and sister
together. I joined Chandigarh Home Guard on 21/8/2020 and after my training I was posted at Police Station, Sector 36. On 29/30 12 2021 when I was doing general duty in Police Station Sector 36, I alongwith Vol. Ravinder Singh was sent to sector 34/35 dividing Road from 10 PM to 2 AM with Traffic Police in a joint Naka. From the traffic police there was ASI Ajit Singh and one other constable whose name is not known to me. The Traffic Police constable was the driver of the recovery van who went on an accident spot. I along with ASI Ajit Singh were standing on the Sector 34 side at the Chowk South End on 34/35 light point and were checking the vehicles which were going towards Mohali and Vol. Ravinder Singh was standing near his government Motor cycle on cycle Road of the sector 34 side.
At about 11 or 11:30 PM a car from sector 34 came towards our Naka, I saw that the driver was not wearing the seatbelt so I gave him a signal to stop the car and told him that he was not wearing a seatbelt so he will be challaned, to which he requested that please settle without the challan but I said no to it. When I was talking to the driver of that car, ASI Ajit Singh was standing a little away from me holding e challan machine and Vol. Ravinder was sitting on his government motor cycle on the cycle track.
I informed the driver, whose name 1 later came to know was Gurdeep Singh, the fine for driving without seat belt but he told me to settle on the spot and told that he did not have any cash and offered to Google pay the amount At that time my Google pay was not working on my phone so I gave him the phone number 7087383559 which is of my friend Gurpuran Singh and told him to Google pay on that. On which he transferred ₹1000 through Google pay. Just after the transfer 1 confirmed about the transfer from Gurpuran, but I do not remember that he called me or I called him or which type of call was made. And even before this I also asked some ₹ other car driver to transfer 1000 on Google pay of Gurpuran Singh on the same night. And on phone I told Gurpuran Singh to transfer the money which he received to Vol.
Ravinder Singh's Google pay number but Vol. Ravinder Singh was not having any information about it, that why the money was transferred to his Google pay account. After the wrapping up of Naka we went on patrolling on the government motorcycle and after that I told Ravinder that some money is transferred to his Google pay account by my friend Gurpuran so give me ₹ that back, in cash. On the next day he gave me 2000 in cash. On 29/30 12 2021 night I stopped some vehicles and got them challaned from ASI Ajit Singh. The person ₹ named Gurdeep Singh who sent 1000 to Gurpuran Singh on my instructions later on filed a complaint registered but we were not questioned about it. Only the show cause notice was received by us and after replying to that I along with Vol. Ravinder Singh were discharged.
whose name is not known to me and I was the one who dealt with them and told them to transfer the money in Gurpuran Singh's Google pay account and this was neither known to ASI Ajit Singh or Vol. Ravinder Singh. ₹ And on my asking Ravinder Singh returned 2000 to me. I have come here today to join the investigation on your instructions.
Written and read over and believed to be true and correct. TTESTED Sd/ Sombir Sharma Sd/ 10/02/23 Mob no. 9877600318F ) $
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(1) any member may, for misconduct or for absence from duty without sufficient cause, be dismissed from service:
Provided that no order of dismissal shall be passed unless reasons of dismissal are recorded in writing and the member concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken against him.
(2) The authority competent to pass an order of dismissal in the case of a Gazetted Officer shall be the Government and in the case of a Non Gazetted Officer and other members, the Commandant General or the Gram Raksha Dal Chief, as the case may be.
(3) An appeal against an order of dismissal passed by the Commandant General or the Gram Raksha Dal Chief shall lie to the government.
(4) The order of the Government passed under sub rule
(2) or sub rule (3) shall be final and shall not be called in question in any proceeding whatsoever."
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The petitioner's contention that the disciplinary authority failed to consider each of the contention raised in her reply on Inquiring Officer's report is concerned, it is evident from the order of the disciplinary authority and so also the respondents Bank's counsel has admitted that the disciplinary authority has not considered the point wise issues raised by the petitioner. At the same time, it was submitted that whatever the points raised by the petitioner before the disciplinary authority have been taken into consideration and decided by the appellate and reviewing authority, therefore, lacuna committed by the disciplinary authority has been fulfilled by the next higher authority like appellate and reviewing authority.
Therefore, the petitioner's contention that disciplinary authority has not considered the points raised by the petitioner cannot be upheld and it has cured at later stage. When an order is based on certain grounds its validity must be judged with reference to the reasoned mentioned therein. Those reasons cannot be supplement by fresh reasons in the shape of affidavit or otherwise to justify the order as held by the Supreme Court in the case of !
& "" () . In recent decision in the case of *+,%-+ .#- )&
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"85. The law has been well settled for many years now that when an order is passed in exercise of a statutory power on certain grounds, its validity must be judged by the reasons mentioned in the order. Those reasons cannot be supplemented by other reasons through an affidavit or otherwise. Were this not so, an order otherwise bad in law at the very outset may get validated through additional grounds later brought out in the form of an affidavit."
The object of disclosure of reasons is that one must have confidence in the quasi judicial authorities. Unless reasons are disclosed, how can a person know whether the concerned authority has applied its mind or not? Also, giving reasons minimises the chances of arbitrariness. Hence, it is an essential requirement of the rule of law that some reasons, at least in brief, must be disclosed in a quasi judicial order, even if it is an order of affirmation. Supreme Court in the case of 1 2 34 "%1
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(""() held that recording of reasons for a decision is held to be a part of principle of natural justice, Recording of reasons in caseson ere the order is subject to further appeal is very important from yet another angle. The authority ought to have the advantage of examining the reasons that prevailed with the court or the authority making the order. Supreme Court in the case of 4 # 56
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held that the party who is denied natural justice "need not establish particular prejudice for want of such opportunity" because "the principles of natural justice know of no exclusionary rule dependent on whether it would have made any difference if natural justice has been observed. The non observance of natural justice is itself prejudice to any man and proof of prejudice independently of proof of denial of natural justice is unnecessary. The contention of the respondents Bank is that appellate and reviewing authority have cured the defect committed by the disciplinary authority, therefore, there is no violation of natural justice. In this regard, it is to be noted that can failure of natural justice at the original stage be cured by the appellate body giving a hearing?
8 # 9 3 % # % 6 9 6 In the first situation, the general rule is that a breach of natural justice at the original stage cannot be cured by sufficiency of natural justice at the appellate stage. Because of the failure of natural justice, the order of the lower body is a nullity, and even if this order is affirmed by next higher authority, or there is natural justice provided by the next higher authority, neither the order of the lower, nor of the higher authority can be sustained. The orders of both, lower as well as higher authority must fall. Justice MEGARRY, ruled in :6 ;.
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"If one accepts the contention that a defect of natural justice in the trial body can be cured by the presence of natural justice in the appellate body this has the result of depriving the member of his right of appeal from the expelling body.
If the rules and the law combine to give the member the right to a fair trial and the right of appeal, why should he be told that he ought to be satisfied with an unjust trial and a fair appeal? Even if the appeal is treated as a hearing de novo, the member is being stripped of his right to appeal to another body from the effective decision to expel him."
The Calcutta High Court in the case of 9> "#?=-1& (" / ruled that if the original order was a nullity, an order passed by the higher authority in revision could be of no greater value or effectiveness even though the latter order complied with natural justice, in such a case, the original order did not get merged with the order passed in revision. "If the foundation of a structure is removed the superstructure cannot stand and must collapse." Therefore, if the order of the lower authority could not be saved and sustained, the order of the higher authority made in revision must also fall along with it.
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* 3 3 6# 6 63 Supreme Court in the case of ?6@8 +:. #- )&&
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"41. In the instant case the appellate order contains reasons. However, absence of reasons in the original order cannot be compensated by disclosure of reason in the appellate order.
43. For the reasons aforesaid, this Court quashes the show cause notice as also the order dated 19.3.2008 passed by the third respondent. In view of that, the appellate order has no legs to Stand and accordingly is quashed.
44. We are constrained to observe that unfortunately this aspect of the matter was not considered by the High Court.
We cannot, therefore, approve the order of the High Court and the same is accordingly quashed. The cancellation of the registration certificate of the appellate is set aside and we declare the registration to be valid if it is not vitiated for any other reason.
45. We, however, make it clear that if the authorities are so inclined, they can proceed from the stage of showcause notice afresh but strictly in accordance with law and following the fair procedure indicated in this judgment."
/ In view of above facts and circumstances and certain provisions which have not been followed in the inquiry as well as non consideration of the petitioner's contentions by the disciplinary authority on the Inquiring Officer's report, orders dated 02.08.2008, 11.10.2008 and 30.11.2009 passed by the disciplinary, appellate and reviewing authority (Annexures P/13, P/15 and P/16 respectively) Are hereby set aside"
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) 2 $ "&) It is true that as per the observations of this Court in the above referred judgment, the nature of appointment and the status of a Home guard Volunteer could not be considered permanent, temporary, ad hoc or dailywage emplayee but the services rendered by him are governed by the provisions of the statute as the Punjab Home Guards Organization is constituted under the Punjab Home Guards, Act, 1947 (hereinafter
9
referred to as '1947 Act). The 1963 Rules have been framed in exercise of the powers conterred under Section 9 of the 1947 Act. All appointments are made to the Home Guards Volunteers under this 1947 Act and 1963 Rules, which admittedly are applicable to the Chandigarh Home Guards. Merely because, they are volunteers does not mean that they do not have any right whatsoever and the authority while exercising its powers under 1947 Act and 1963 Rules, can act arbitrarily ignoring the provisions of the said Act and Rules. In case an employee approaches the Court with a grievance alleging violation of the provisions of the above Act and the Rules, this Court in exercise of its power under Article 226 of the Constitution of India as conferred, would not be bereft of the jurisdiction and the authority to exercise its power of judicial review.
The Court may, in the given facts and circumstances of the case, refuse or refrain itself to exercise its power to delve into the matter, however, it cannot be said that the volunteers serving the Home Guard Organization have no right as far as their services are concerned and are at the mercy of the officers, who may exercise their discretion at their whims and fancies leaving the helpless volunteers without any remedy."
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) 2 $ "&( As per the above Rule, if an order of dismissal has to be passed, firstly reasons have to be recorded and the member concerned has to be given reasonable opportunity of showing cause against the action proposed to be taken against him. Admittedly, no such show cause notice or personal hearing has been given to the petitioner. It is also admitted that the action taken against the petitioner was for the misconduct i.e. registration of an FIR against him under the Punjab Excise Act and for his absence from duty,: which would fall under the provisions of Rule 27 of 1963 Rules."
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! 4 > 2 ) " . It is now well settled that if copies of relevant and material documents including the statement of witnesses recorded in the preliminary enquiry or during investigation are not supplied to the delinquent officer facing the enquiry and if such documents are relied in holding the charges proved against the officer, the enquiry would be vitiated for the violation of principles of natural justice. Similarly, if the statement of witnesses recorded during the investigation of a criminal case or in the preliminary enquiry is not supplied to the delinquent officer, as that would amount to denial of opportunity of effective cross examination.
It is difficult to comprehend exhaustively the facts and circumstances which may lead to violation of principles of natural justice or denial of reasonable opportunity of defence. This question must be determined on the facts and circumstances of each case. While considering this question it has to be borne in mind that a delinquent officer is entitled to have copies of material and relevant documents only which may include the copy of statement of witnesses recorded during the investigation or preliminary enquiry or the copy of any other document which may have been relied in support of the charges."
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Lavisha?rashmi Whether speaking/reasoned Yes/No Whether reportable Yes/No