COMMISSIONER OF POLICE Vs. BIKRAM SINGH

JUDGEMENT

(1.) ASI Vikram Singh, the respondent herein, was proceeded departmentally in accordance with the provisions of Delhi Police (Punishment & Appeal) Rules, 1980 (hereinafter referred to as the "Rules"). He was served with a charge memo, containing the following allegations:-

(2.) The respondent pleaded not guilty to the charge and accordingly, a departmental enquiry was held by SI Jagdev Singh, who ultimately acted as the Enquiry Officer. As per his report dated 28.04.2006 he found the respondent guilty of the charges leveled against him. This resulted in passing of an order of punishment by the Disciplinary authority dated 23.04.2007, whereby a major penalty of forfeiture of five years' approved service was inflicted upon the respondent. The respondent then filed an appeal before the Appellate Authority competent to hear the appeal under the Rules i.e. the Joint Commissioner of Police. The Appellate Authority vide order 11.04.2008 dismissed the appeal and upheld the punishment imposed upon the respondent.

(3.) The respondent then approached the Central Administrative Tribunal, Principal Bench (hereinafter referred to as the "Tribunal") by filing OA No. 570/2009, which has been decided vide order dated 09.10.2009. The Tribunal set aside not only the enquiry report but also the orders of the Disciplinary Authority and the Appellate Authority by observing that the initiation of enquiry was in violation of the provisions contained under Rule 15(2) of the Rules inasmuch as, the prior permission of the Additional Commissioner of Police had not been obtained before issuing a charge sheet to the respondent. The second point which weighed with the Tribunal was that the Enquiry Officer while conducting the enquiry cross-examined the witnesses produced by the petitioners before him.