Case: Government Of A.P.  Vs. Mohd. Nasrullah Khan

The respondent, Mohd. Nasrullah Khan was working as Head Constable at Shamshabad Police Station of Ranga Reddy District. Mr. Bill Clinton, the then President of the United States of America was to visit the Hi-Tech City in Hyderabad and the respondent was assigned the bandobast duty at the office of the Oracle Software India Limited on the 4th Floor of Hi-Tech City, Madhapur, Hyderabad. It is alleged that during the bandobast duty, the respondent removed the CCTV Lens No. VAT-660-DSC-56894 of Watal Company from ceiling of the said office and concealed the same.

Reasoning: in the present case there is no allegation of violation of principles of natural justice or the inquiry being held inconsistent with the mode of procedure prescribed by the rules or regulations. This takes us to the last submission of the counsel for the respondent. Learned counsel for the respondent contended that the offence, said to have been committed, being minor in nature and no loss being caused to the owner of the property, inasmuch as the same had been recovered on the spot, lenient punishment may be awarded in place of dismissal from service. We are unable to countenance this submission. The gravity of the offence must necessarily be measured with the nature of the offence. The respondent was a member of the Discipline Force holding the rank of Head Constable. The duty assigned to him was a bandobast duty during the visit of the then President Bill Clinton, who ran a security risk of the highest grade. His misconduct could have led to serious security lapse resulting into fatal consequences. But, because of timely detection of the electrician - PW4, the lens was recovered and immediately restored11. We entirely agree with the inquiry officer that the charges are serious in nature, being committed by a member of Disciplinary Force, who deserved stringent punishment. To instill the confidence of the public in the Establishment, the only appropriate punishment in such cases is dismissal from service, which has been correctly awarded. It is stated that the respondent was reinstated on 19.6.04, pursuant to the order passed by the High Court and has been working since then and pay and allowances have been paid from 19.6.04. Since, he has been paid for the period he has worked, the salary and allowances already paid to him shall not be disturbed