Kidney racket case: HC stays cops’ plea

Throwing out their petition for relief,the Division Bench of Justices Anil Kumar and M C Garg also asked the police department,which had initiated the proceedings,to speed up the process.

The court reminded the Delhi Police that they did not have to wait for the trial court to commence and conclude proceedings against the tainted men in khaki,as the methods involved in a departmental inquiry are different from those of a criminal case.

“The departmental inquiry is to maintain discipline in the service and efficiency of public service. It would,therefore,be expedient that the disciplinary proceedings are conducted and completed as soon as possible,” cited the Bench from a Supreme Court ruling,which had held that there was no reason for a department to go slow while a case was pending before a court.

The petition was filed by all eight suspended officials,including Inspector Rameshwar Khatri,Assistant Sub-Inspector Ravinder Kumar,two head constables and four constables,against the order of the Central Administrative Tribunal (CAT) in last December.

As per the FIR lodged against them under the charges of extortion and corruption,the officials,while posted in the Special Staff,Central District,had apprehended Dr Upender,a close aide of Dr Amit Kumar,at the latter’s residence in Gurgaon on January 7,2008. After the arrest,the police team allegedly extorted a sum of Rs.19.85 lakh from Dr Upender for his release and later divided the extorted money among them.

The accused officers pleaded before the tribunal to keep the departmental inquiry in abeyance till the conclusion of the criminal trial,and set aside all orders passed against them in the departmental proceedings.

The CAT,however,refused to accord them the relief,noting,“Corruption is eating into the very vitals of the society. Such persons need not be kept in service awaiting the result of a criminal trial for years and years,as it demoralises everyone concerned.”

The tribunal further referred to the Delhi Police standing order,which specifically laid down that when police officials were facing criminal proceedings,especially under the Prevention of Corruption Act,departmental inquiry proceedings could also be initiated simultaneously and should not be kept in abeyance due to pendency of criminal proceedings,even if evidence in both the proceedings may be the same.

Appealing against this ruling,the suspended officials contended before the High Court that the departmental inquiry would involve complicated questions of law,which would emerge during the criminal trial. The departmental proceedings should,therefore,be stayed,they had said.

The Bench however concurred with the CAT’s judgment. Refusing to stay proceedings against accused officials,the Bench asked the police department to expedite action against them.

The graft case
According to the FIR,the suspended police officials,while posted in the Special Staff,Central District,had apprehended Dr Upender,a close aide of Dr Amit Kumar— alleged kingpin of the multi-crore kidney racket — at the latter’s residence in Gurgaon on January 7,2008. The police team then allegedly extorted a sum of Rs.19.85 lakh from Dr Upender to release him.

The accused officers filed a petition before CAT to hold up the departmental inquiry till the conclusion of the criminal trial. The CAT,however,refused to give them relief.

The eight police officials then filed a petition against the CAT order in the High Court.

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