Failure to maintain case diary by police is misconduct: CAT

I just love it. How often do you hear about accountability being demanded of the Executive? The RTI Act is the only thing closest to something which has a timebound accountability, and has monetary penalities — nevermind the fact that many officials escape from penalties due to leniency.

http://www.zeenews.com/news591451.html

New Delhi: Failure to maintain case diary by a police officer amounts to “misconduct”, the Central Administrative Tribunal has ruled while dismissing an appeal filed by a Delhi police sub-inspector.

“Writing of case diary while investigating the matter is the duty of police officials, therefore, not writing the same amounts to misconduct.

“It is correct that no ill motives are attached. But nonetheless, if due procedure is not followed and everyone starts taking decision at his own level without bothering for superiors, the whole system would get vitiated, therefore, it cannot be stated that no misconduct was committed by the sub-inspector,” the tribunal said.

The CAT, comprising Vice Chairman L K Joshi and Member Meera Chhibber, passed the order on the plea of sub-inspector Rajender Bhardwaj, challenging punishment of forfeiture of three years of his service for not maintaining a case diary and not consulting the superior officials with regard to a criminal case.

Bhardwaj pleaded not guilty for misconduct for not maintaining a case diary as his previous officers had also been doing the same. He said that no ill motive was attached to his action of not consulting the SHO or Assistant Commissioner of Police (ACP).

Delhi police said that if the previous officer had not submitted the case diary, it does not mean Bhardwaj should also not write the case diary.

The Delhi Police said, “It does not minimise his misconduct. Every officer is supposed to maintain his case diary to show the progress of the investigation. Since he had not complied with the directions, he has rightly been punished by the authorities”.

Comment: So Delhi police is saying it is all right! Nobody wants to hold hands of the one guy falling down the mountain now. Very unlike the normal brotherly love displayed by police people.

“When directions are given to further investigate and report to the SHO, Bhardwaj was under a duty to follow those directions,” the tribunal said.

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