MANOHAR LAL Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The instant appeal is directed against the order dtd. 2/2/2023 passed by the Division Bench of the High Court of Delhi (hereinafter 'High Court') disposing of the writ petition filed by the appellant questioning the order of dismissal from service dtd. 18/7/2017 passed by Deputy Commissioner of Police (hereinafter 'DCP'), New Delhi, the Order of Appellate Authority dtd. 30/7/2018 and the Order dtd. 29/11/2022 passed by Central Administrative Tribunal, Principal Bench at New Delhi (hereinafter 'CAT') in OA No. 744 of 2020.

(2.) The appellant was dismissed from service by the DCP, Delhi vide order dtd. 18/7/2017, in exercise of the power under clause (b) of second proviso to Article 311(2) of the Constitution of India without conducting departmental inquiry. The reason assigned for not resorting to the normal procedure prescribed under Delhi Police (Punishment and Appeal) Rules, 1980 (hereinafter Rs.1980.00 Rules'), was that Shri Govind Sharma, Assistant Commissioner of Police (hereinafter 'ACP') in the preliminary enquiry found that it would not be 'reasonably practicable' to conduct a regular departmental enquiry on account of reasonable belief of threat, intimidation and inducement to the victim and thereby creating the possibility of tampering of the vital evidence.

(3.) The appeal against the said order was dismissed by the Special Commissioner of Police, Delhi vide order dtd. 30/7/2018 accepting the reasons as indicated in the order of dismissal.