DURGA PRASAD Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal impugns the judgment and order of the High Court of Delhi at New Delhi[The High Court] dtd. 12/9/2022 passed in W.P. (C) No.1085/2002 by which, though the writ petition of the appellant against the order of the Central Administrative Tribunal[CAT] in O.A. No. 232/2002 was allowed, liberty was given to the disciplinary authority to issue a fresh note of disagreement to the appellant, within a period of four weeks, and pass appropriate orders after considering the response.

(3.) This case has a checkered history. The appellant at the relevant time (i.e. 1984) was posted as Inspector of Police (i.e., Station House Officer[SHO]) at Police Station Kingsway Camp, North District, Delhi. During that period, post assassination of the then Prime Minister Smt. Indira Gandhi, "Anti-Sikh Riots[1984 riots]" broke out. In May 1985, the appellant was promoted to the post of Assistant Commissioner of Police, inter alia, on appraisal of service record. Later, a Committee was constituted to look into the failure of the police in effectively tackling the 1984 riots. In its preliminary report, the Committee castigated certain police officers for their failure in controlling the riots. Based on that, charge memo was issued to the appellant on 20/8/1992, inter alia, charging him for dereliction of duty/ negligence in controlling those riots in the area under his command. In the ensuing inquiry, vide report dtd. 28/1/1999, the Inquiry Officer exonerated the appellant of the charges. However, the Disciplinary Authority disagreed with the report of the Inquiry Officer and ordered a de novo inquiry vide office order dtd. 7/10/1999.