Disciplinary action against psi and 3 constables
Gopinath
(Querist) 29 August 2014
This query is : Resolved
Respected Sir/Madam
I had requested for a disciplinary action against PSI and 3 constables of Bangalore Traffic police on june 2014 and an inquiry report submitted by ACP of the region and in his report he has mentioned few violation of the Senior officers circular and used foul languages by police personnel on citizen, but intentionally he had not mentioned one main thing in my compliant letter i.e., the Constable who left a two wheeler rider with 3 kids along with his wife and Head constable who was known to him and left those people and in Inquiry report ACP not mentioned and I got all the documents related to the disciplinary report and I had noticed that no fine was collected for the vehicle and also I had provided the photo of the incident including the vehicle, Audio Record CD in soft copy. ACP as favoured them and I had brought to the notice of the Addl. Commissioner Traffic, Bangalore city with a written letter and no action taken till date for the past report and also for my second letter. few people in the department is helping them and also they lost my second appeal letter to ADCP Traffic. My question is that there is any chance for fresh inquiry can be conducted and also what will be the minimum and maximum punishment to the Traffic police
Gopinath
(Querist) 30 August 2014
SUB:” Requesting for Disciplinary Action against Madiwala Traffic SI Gangaslysaiah and
Three Traffic Police Constables for Abusing and Harassing me in Public Place”
Respected Sir
I am GOPINATH.T a responsible resident of the above said address, sharing a very bitter incident with Madiwala Traffic Police SI Gangaslysaiah and Three Constables namely Manju, Raju and Krishnappa which happened on 20/06/2014 at 5.20 PM at Bommanahalli to GarvebhaviPalya Road, Hosur Road, Bangalore.
1. I was coming from Bommanahalli towards GarvebhaviPalya in Service road in Access Scooter and Mr. Raju Traffic Constable stopped my vehicle because I was not wearing a helmet [but actual I was wearing a Helmet] I politely told the Policemen I was wearing a helmet and he refused that and he told that your not wearing a helmet, Though I didn’t argue more on that I showed all my Vehicle Documents and My Valid DL and Immediately my DL was handed over to Sub-Inspector and SI told to pay fine and Paid the Fine with out any much talks.
2. Later another two wheeler person who came without helmet and he was talking with Constable Krishnappa and they didn’t catch him or put any penalty/fine for him. I approached to SI Mr. Gangaslysaiah why this impartiality to me and that person and all of a sudden Mr. Gangaslysaiah and other Traffic Constables used foul languages on me.
3. I questioned with SI and all three Constables Law will be same and why you people doing partiality to me. They used rash and rude words on me and threatened to file more fault cases and the vehicle can be ceased. Because I questioned them, not only that they even misbehave with lady riders too in same manner.
4. Traffic Sub-Inspector Mr. Gangaslysaiah and Three Constables namely 1.Raju, 2.Manju and 3.Krishnappa used more foul languages, abused and used Excessive force upon me in a Public Place not keeping in mind that I’m a fellow Human being, because I questioned them for doing activities which are against to law and power of Uniform. I am a very small element of the society but yet being a part of it. I have understood the fact that I can question the wrong.
5. Constable Mr.Raju and Manju who are well built physique they told that go and complain any where you want and Mr.Manju who removed his pant zip and showed his underwear come and cut -------------?. Later they told that you are thief and told to show your Id proof and it’s a theft vehicle and we going to cease the vehicle call Bommanahalli police to cease and all, some how I escaped from that place.
6. I have more respect towards law, rules and also towards my nation. I had never experienced like this in my life and I have more respect on Bangalore Police and there bravery, because there are working for the society to safe guard and protect the common man.
7. I am also attaching the Audio record clearly announcing the attitude and language of Sub-Inspector and other three Policemen on a common man.
So I request you to take necessary disciplinary action against the said Sub-Inspector and Three Constables Namely Raju, Manju and Krishnappa of Madiwala Traffic Police station, Bangalore.
Thanking you
Yours Faithfully
GOPINATH.T
ENCLOSURES:
1. SOFT COPY OF THE AUDIO RECORDING
2. PHOTO OF THE PLACE AND POLICEMEN.
3. COPY OF THE FINE PAID FOR WITHOUT HELMET RIDING.
SECOND LETTER ON UNFAIR REPORT SUBMITTED BY ACP TRAFFIC
SUB: “Unfair report Submitted by ACP South-East Traffic to Favour the PSI Gangaslyaiah,
H.C. Krishnappa, P.C DoodaRaju and PC Manju”
Ref: Complaint letter Submitted by me on 24/06/2014 for Disciplinary action on PSI and 3
Constables
Respected Sir
With reference to the above subject I would bring to your kind attention that I had given a written complaint on 24/06/2014 against PSI of Madiwala Traffic P.S and other 3 constables of Madiwala traffic P.S for disciplinary action.
An enquiry report has been submitted by ACP South East Traffic to take necessary disciplinary action against PSI and 3 Constables for violating
1. Violating of Circular No: 111
2. Violating of Circular No: 32
3. Violating of Circular No: 106
4. PSI said Ninna tikka Nennu Toolodikoo and other foul langauages used by officer/Constables.
ACP SE traffic is favored to protect the PSI and others in Inquiry, he had not investigated the main thing that a two wheeler vehicle who was not wearing a helmet [230 of the KMVR 1989 in sub rule (1)] and also more than two person riding on the two wheeler [Section 128 (1), MV Act R/W sec 177 MV Act] vehicle No. bearing: KA 01 EZ 9868, which was given in my photo and soft copy on CD attachment. IT’S FURTHER PROVED in station wise report for case booked for user ID: 1226 in my analysis that no Fine Collected or FTVR notice issued to the vehicle no: KA 01 EZ 9868.ACP SE Traffic ignored this issue and given report.
Summary of the Incident:
Raju P.C stopped my vehicle because I was not wearing the helmet, produced in front of PSI and told to give the vehicle documents and DL, produced all documents including a valid original DL to him, immediately told to pay fine of Rs.100 and politely requested I was wearing he rejected I had paid immediately Rs.100 towards fine and later a Two wheeler who was not wearing the helmet and also riding with 5 people who was speaking with Krishnappa and they left them.
I had brought to the notice of the PSI and PSI immediately started foul languages etc.,, which I had stated in My complaint letter dated 24/06/2014
In my Audio record PSI clearly acknowledges that it was our people who left them [Audio time: 01:02min- 01:08
I paid fine and the foul languages used by PSI for questioning [ Audio time 0.50 to 0.58 & 5.19-5.23]
Constables Accepts that YES you are Wearing a Helmet[Audio time 03:35 to 03:43]
I told to PSI that neevu namma Thande Samana and ACP South East traffic intentionally in his list of foul languauges interpreted as I said. It was told by PSI and Constables that nene namappa hogaiahya hogu[ Audio time 03:08 – 03:19]
No past violation notice served to me and threatened you I had paid multiple times for without helmet [Audio time 04:01 to 04:20]
Citizens don’t have the rights to tell [ 5:27 to 5:32]
Police constables said we won’t put fine [ 05:27 -05:32]
I am a thief and it’s a theft vehicle and going to seize the vehicle etc., Can be heard in Audio Record
MY OBJECTIONS TO ACP SOUTH EAST TRAFFIC
1. ACP SE not proved my complaint my part i.e. the vehicle No bearing KA01 EZ 9868 left without fine or serving any notice, that my Fundamental Rights equality before the law is violated.
2. PC agrees I was wearing a Helmet when they caught me.
3. Few Foul languages like give complaint anywhere and write down my name etc.., is not mentioned
4. Before the Audio record I questioned them I this unfair treatment to me.
5. Intentionally mentioned Krishnappa who stopped my vehicle and prove that Manju and Raju came later.
6. Not mentioned the Misuse of Power
7. No Statement taken from me.
THE NEPOTISM IS DONE BY ACP SOUTH EAST TRAFFIC BECAUSE OF THE FOLLOWING:
1. TO SAVE PSI WHO IS GETTING RETIREMENT WITHIN A YEAR
2. TO SAVE KRISHNAPPA WHO IS GETTING PROMOTION AS ASI
For this reasons the AACP SE Traffic intentionally ignored the main mistakes like Nepotism, negligence and Violation of my fundamental rights of Equality.
Because of this incident I had gone through a mental trauma and my belief towards constitution, Police and there misbehavior had put me annoyance that caused my personal life too.
So I kindly request you to take appropriate step and provide me justice.
Thanking you
Yours Faithfully
[GOPINATH T]
Enclosures:
1. Complaint letter dated on 24/06/2014
2. Photo copy of the Station wise list for user Id: 1226, proving that no fine / FTVR are issued.
3. Photo of the incident and vehicle they left without any fine
4. Enlarged Photo of the vehicle bearing No: KA 01 EZ 9868 riding without helmet and riding more than 2 people
5. Fine paid for without helmet.
6. Soft Copy of the AUDIO recorded in CD.
Gopinath
(Querist) 30 August 2014
So Kindly request all experts to provide information and guidelines for further action against those policemen because I had suffered a lot because of them.
1. whether there is a chance of rejection of ACP report and a fresh inquiry can be done.
2.what will be the Minimum and Maximum punishment
3.karnataka State Police[Disciplinary Proceedings] 1965/89 action is pending.
4.Can I suit a personal compliant in Lokayukkta Karnataka
5.Can I suit a personal complaint in Police station/court
malipeddi jaggarao
(Expert) 30 August 2014
I really appreciate your patience for taking up the matter to higher-ups for action.
Two things you should understand:
1. When you wore the helmet why did you pay the fine in spite of their insistence. You should have refused to pay the fine and leave the place.
2. Why are you comparing that they left the other vehicle? Equality before law is ensured in the constitution for this type of trivial matters. Do not think that i am supporting the wrong-doers, but it is a fact that the police people will not stop all the persons who are not wearing helmet. They pick-up somebody in the meanwhile some sleek without helmet.
You are expecting heaven from the police people. You should take things easy.
Your complaint is investigated. Though the truth is not brought out, sufficient warnings must have been given to the concerned wrong-doers. That is enough and your purpose is served as a warning to the wrong-doers.
If you go on harping to take action, it will not fetch you anything.
However, if you have time and energy, you can pursue your complaint.
Do you think that there is no partiality in delivering justice by courts? There is no corruption? Corruption is there in all three wings - Lawmakers - rated as most corrupt - executive - many will not leave the opportunity if they find; and judiciary - nowadays becoming prone to this evil.
Everybody cannot fight. If you can, it is good.
P. Venu
(Expert) 30 August 2014
Law does not assure equality in illegality.
T. Kalaiselvan, Advocate
(Expert) 03 September 2014
Under the given situation, you keep knocking the door, you will get the same reply i.e., no reply situation or the law enforcing authority will keep protecting their own people literally by ignoring the law. Law makers are law breakers.
