Telangana: Cops get benefit of doubt

Hyderabad: The Hyderabad High Court has dismissed two pleas by the TS government holding that a government employee cannot be dismissed from service on mere allegation of extortion without sufficient evidence.

A division bench, comprising Justice G. Chandraiah and Justice U. Durga Prasad, was dealing with two writ petitions moved by the TS government challenging an order passed by the AP Administrative Tribunal declaring the dismissal of Lakshmana Raju and Y. Sridhar, constables of Cyberabad police commissionerate, on grounds of extortion.

Both constables were charged with extorting Rs 4,300 from one Siva Kumar of Miyapur by threatening to book him in a case of playing cards if he refused to pay money. The victim paid up by withdrawing money from an ATM.

After an enquiry based on a phone call from one of the friends of the victim, the duo was removed from the service.

Aggrieved by this, they moved the Administrative Tribunal which set aside the dismissal orders and ordered they be taken back into service.

The tribunal found that the alleged victim had not filed any complaint. Nor was he examined during the course of inquiry to prove that he was the victim of extortion.

It was also noted that the authorities relied on the C.D. of the transaction in the ATM with regard to withdrawal of the amount by the victim, but they failed to prove that the money was given to the constables.

The government contended that in departmental inquiries, strict rules of evidence are not applicable and only the preponderance of probabilities should be weighed and there should be some evidence to connect the delinquent.

While concurring with the findings of the tribunal, the division bench held that in the absence of direct evidence of the alleged victim, it cannot be said that the charge was proven.