COMMISSIONEER OF POLICE NEW DELHI Vs. NARENDER SINGH

JUDGEMENT

(1.) The respondent was enrolled as a Constable in the Delhi Police on or about 01-08-1994. A First Information Report was lodged against him on 30-10-1995 for commission of an offence under Section 308/34 of the Indian Penal Code. He was arrested in connection therewith on 30-10-1995. He remained in judicial custody for a period of 15 days. A departmental proceeding was initiated against him in relation to the same incident.

(2.) He filed an original application before the Central Administrative Tribunal (for short, the Tribunal) for stay of the said proceeding till disposal of the criminal case. By an order dated 23-07-1996, the said original application was disposed of by the Tribunal upon issuing some directions.

(3.) In the meantime, two revolvers and one pistol were found from the Vijay Ghat Armoury. Two persons who were accused therein, inter alia, made confessions stating that the respondent had committed theft of the said two revolvers and pistol. The respondent on the basis of said confessional statements was arrested on 05-09-1997. While in police custody he also made a confession as regards his involvement in the said offence. He also led the investigating team to the room of the Vijay Ghat Armoury and pointed out the place wherefrom, he while working as a Sentry on the night of 22/23-06-1997, committed theft of two revolvers and one pistol with some of his colleagues. An identification memo. was prepared therefor wherein one Inspector Bhalle Ram was a witness. In view of the fact that apart from confession of the accused, there was no other material on records, the respondent was discharged from the criminal case by an order dated 01-08-2001. He was in the meantime dismissed from service without holding any enquiry in terms of the proviso appended to clause (2) of Article 311 of the Constitution of India, by an order dated 09-09-1997. A departmental appeal preferred thereagainst by him was dismissed by an order dated 09-02-1998. The validity of the said order was questioned by the respondent by filing an application before the Tribunal. The Tribunal allowed the said application by an order dated 08-08-2001 holding that the Appellant failed to establish sufficient grounds for dismissing the respondent from service without holding any disciplinary proceeding. A review petition filed thereagainst was also dismissed by the Tribunal on 31-12-2001. A writ petition filed by the Appellant was also dismissed by the High Court on 03-04-2002.