Commissioner Of Police, New Delhi vs Narender Singh

He filed an original application before the Central Administrative Tribunal (for short, 'the Tribunal') for stay of the said proceeding till disposal of the criminal case. By an order dated 23.07.1996, the said original application was disposed of by the Tribunal upon issuing some directions.

In the meantime, two revolvers and one pistol were found from the Vijay Ghat Armoury. Two persons who were accused therein, inter alia, made confessions stating that the respondent had committed theft of the said two revolvers and pistol. The respondent on the basis of said confessional statements was arrested on 05.09.1997. While in police custody he also made a confession as regards his involvement in the said offence. He also led the investigating team to the room of the Vijay Ghat Armoury and pointed out the place wherefrom, he while working as a Sentry on the night of 22/23.06.1997, committed theft of two revolvers and one pistol with some of his colleagues. An identification memo. was prepared therefor wherein one Inspector Bhalle Ram was a witness. In view of the fact that apart from confession of the accused, there was no other material on records, the respondent was discharged from the criminal case by an order dated 01.08.2001. He was in the meantime dismissed from service without holding any enquiry in terms of the proviso appended to clause (2) of Article 311 of the Constitution of India, by an order dated 09.09.1997. A departmental appeal preferred thereagainst by him was dismissed by an order dated 09.02.1998. The validity of the said order was questioned by the respondent by filing an application before the Tribunal. The Tribunal allowed the said application by an order dated 08.08.2001 holding that the Appellant failed to establish sufficient grounds for dismissing the respondent from service without holding any disciplinary proceeding. A review petition filed thereagainst was also dismissed by the Tribunal on 31.12.2001. A writ petition filed by the Appellant was also dismissed by the High Court on 03.04.2002.

On or about 16.05.2002, in the said departmental proceeding, the respondent was found guilty and by an order dated 22.07.2002, he was dismissed from service by the Disciplinary Authority, stating :

An original application was filed by the respondent before the Tribunal. The Tribunal in terms of an order dated 24.02.2004 set aside the said order of dismissal, holding :

162. Statements to police not to be signed : Use of statements in evidence.-(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made"

A confession would mean incriminating statement made to the police suggesting inference of the commission of the crime and it, therefore, is confined to the evidences to be adduced in a court of law. If the provisions of the Evidence Act are not attracted in a departmental proceeding, a fortiori Sections 25 and 26 shall not apply.

For the reasons aforementioned, the impugned judgments of the Tribunal and the High Court cannot be sustained, which are set aside accordingly. The appeal is, thus, allowed. No costs.