Policeman Caught With Foreign Currency At Airport: Delhi High Court Upholds Dismissal, Says Lawbreaker Cops Must Be Dealt With Iron Hands

The Delhi High Court has upheld the dismissal of a police head constable who was caught with 75 dirhams while on duty of checking passengers' passports at the Indira Gandhi International Airport in 1996, observing that the police officers who break law must be "dealt with iron hands."

Calling it an "open and shut case", a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said  possession of foreign currency in head constable's pocket at the time of surprise check along with statements of witnesses "clearly establishes misconduct committed by him."

"In the present case, this Court is dealing with Police personnel who is supposed to be the custodian of law and whose duty is to ensure that people are following the law of the land. If such a person himself breaks the law, he has to be dealt with iron hands, and, therefore, in the considered opinion of this Court no other punishment except dismissal could have been inflicted upon him in the facts and circumstances of the case," the court said in response to an argument that punished levied was extensively harsh and disproportionate.

The bench dismissed a plea moved by head constable Suresh Kumar against an order of Central Administration Tribunal upholding his dismissal from service.

Kumar, who was posted at the IGI airport in March 1996, was found in possession of foreign currency after a surprise check was conducted by Deputy Commissioner of Police. Two cops including Kumar were accused of collecting money from the passengers during the passport checking.

A joint enquiry was ordered against Kumar and ASI Jagmal Singh, who was also present on duty at the same time. On September 20 in 1999, the Disciplinary Authority dismissed them from service. Kumar's appeal was dismissed by Commissioner of Police in 2002. The CAT upheld the decision of the police department. 

Rejecting the argument that there was no evidence of bribery against Kumar, the High Court said:

"This Court has taken into account all the grounds raised by the Petitioner and by no stretch of imagination can it be said that the present case is a case of no evidence. It is an undisputed fact that 75 Dirhams were recovered from the Petitioner at the time when the search took place and the Petitioner was certainly not a traveler who came from some foreign country, thereby being in possession of Dirhams."

The bench thus upheld the orders passed by Disciplinary Authority, Appellate Authority and CAT in view of no procedural irregularity or violation of principle of natural justice and fair play.

Title: SURESH KUMAR v. CP & ORS.

Citation: 2022 LiveLaw (Del) 1073

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