No relief to police constable who was robbed of service pistol

Was under the influence of liquor at the time of incident

The Delhi High Court has upheld the forfeiture of two-year service of a Delhi police constable who was robbed of his service pistol with five live cartridges while returning home from duty.

The disciplinary action against the constable was taken as he did not deposit a 9 MM pistol with 5 cartridges issued to him to the Police Station ‘Malkhana’ after his duty hours.

While he was returning home in the intervening night of September 3 and 4, 2008, constable Virender was robbed of his service pistol with live cartridges and his purse. He was medically examined on the same night in which it was found that he was under the influence of liquor. A detailed departmental inquiry was held against him, in which he was found guilty by the inquiry officer.

Forfeiture of service

He was awarded punishment of forfeiture of two years approved service permanently entailing proportionate reduction in his pay in two stages. Following this, he challenged the punishment before the High Court.

A Bench of Justice Rajnish Bhatnagar and Justice Vipin Sanghi noted that the act of Virender in consuming liquor while carrying the service pistol with him “speaks volumes about his conduct”.

“While he was in the possession of the service pistol with five live cartridges, very heavy burden lay on him to safeguard his weapon but instead, the petitioner consumed liquor while carrying the service revolver with him and lost the same,” the Bench remarked.

“The petitioner is a member of a disciplined force and it was least expected of him to have indulged in such an act of sheer negligence,” it said.