10 years after dismissal, compulsory retirement for ACP

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Bangalore:  Ten years after ordering the dismissal of an assistant commissioner of police (ACP) for snatching lakhs of rupees from a jeweller’s assistant, the state government has amended its order, directing his compulsory retirement.

But the catch is, BS Belliappa, the ACP, who was acquitted by a court, reached the age of superannuation two years ago, making the order redundant.

Belliappa was ACP (traffic) of Bangalore West division in 2002, when he was accused of forcing an assistant of a jeweller who was traveling to Kozhikode from the city, to part with Rs19 lakh.

It was alleged that Belliappa, along with his colleagues, had stopped the bus in which jeweller Sainuddin’s assistant was traveling, dragged him out of the bus, and took away Rs19 lakh he had with him. The ACP and his colleagues were accused of distributing the money among themselves. A criminal case was filed against Belliappa and the cops under various sections of the Indian Penal Code.

Belliappa went missing after the case was registered against him. The chief metropolitan magistrate of Bangalore Urban, who heard the case, declared Belliappa as a ‘missing person’ and ordered confiscation of his properties.

Following the court’s observation, the state government dismissed Belliappa on the recommendation of the then DG&IGP. The ‘missing’ Belliappa then approached the Karnataka Administrative Tribunal (KAT), challenging his dismissal. The tribunal dismissed the state government’s order, observing that the rule of natural justice was not followed by the authorities while issuing the dismissal order. The KAT, however, observed that the state government was free to have a fresh look at the case and issue revised orders. A departmental inquiry was initiated, and it was found that after criminal case was registered, Belliappa violated service rules by going on leave without informing his superiors till his dismissal from the service.

The departmental inquiry also found substantial evidence, confirming the charges against the cop.

The government then consulted the Karnataka Public Service Commission (KPSC) on the action to take. On the advice of the KPSC, the government, on February 11, 2013, directed that Belliappa be compulsorily retired from the service.
An official of the home department said compulsory retirement would help the former cop get retirement benefits. Belliappa, when dna contacted him, summarily refused to comment on the issue.

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