# Govt. of NCT of Delhi and Ors. vs Delhi Police Constable

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2002-0020](https://datalibertarian.in/babuwatch/incident/CW-2002-0020)

## Report card

By judgment dated 11 April 2002, the Delhi High Court (Coram: S.B. Sinha, A.K. Sikri, JJ.) upheld the disciplinary action taken against the Constable, Delhi Police.

- Register number: DL 00 CW 0011
- Case reference: 100(2002)DLT385
- Court and date: Delhi High Court (Coram: S.B. Sinha, A.K. Sikri, JJ.), 11 April 2002
- Officer(s) at the material time: Constable, Delhi Police
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 354 of the Indian Penal Code, 1860
- Finding of the Court (extract): “In the departmental proceedings, the petitioner was found guilty of misconduct and by an order dated 15th January 1991, a penalty of dismissal from service was imposed on him.” (at para 2)
- Verdict, sentence and quantum: Disciplinary action upheld. Sentence: dismissal.
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/758817/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2002-0020)

**Record:** CW-2002-0020 (compiler id CWC-1165); case GAP3-38-003
**Title:** Govt. of NCT of Delhi and Ors. vs Delhi Police Constable
**Court:** Delhi High Court; judges: S.B. Sinha; A.K. Sikri
**Case number / citation:** 100(2002)DLT385
**Judgment:** 2002-04-11 (2002, day precision)
**Incident date:** Not stated
**Place:** Delhi; force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Sections:** IPC 354
**Officers (gated display forms):** Constable, Delhi Police (1 in record)
**Victims:** Delhi woman (1 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

The Delhi High Court Division Bench (S.B. Sinha, C.J. and A.K. Sikri, J.) on 11 April 2002 allowed the Government's writ petition arising from CAT OA No. 1161/1996 and set aside the Tribunal's judgment, leaving intact the dismissal of Delhi Police constable for outraging the modesty of the survivor at her jhuggi and threatening her husband. The court held Rule 12 of the Delhi Police (Punishment and Appeal) Rules, 1980 bars fresh departmental punishment after a judicial acquittal but does not vitiate a dismissal already imposed on 15 January 1991 before the acquittal, and that a pending appeal does not keep punishment under animated suspension. It further held the criminal acquittal was only on benefit of doubt, falling within the exception in Rule 12(a). The dismissal therefore stood. Matters not addressed in the cited judgment text are not recorded here.

> In the departmental proceedings, the petitioner was found guilty of misconduct and by an order dated 15th January 1991, a penalty of dismissal from service was imposed on him.

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/758817/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** other
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 2
**display title redacted:** Govt. of NCT of Delhi and Ors. vs Delhi Police Constable
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '2002-04-11', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Delhi High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Delhi High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': '100(2002)DLT385', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/758817/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** other
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** HC allowed Govt writ, set aside CAT order; dismissal for outraging modesty stands.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2002-0020](https://datalibertarian.in/babuwatch/incident/CW-2002-0020)