GOVT OF NCT OF DELHI Vs. AMIT KUMAR

JUDGEMENT

(1.) The respondent, Amit Kumar, was appointed as Constable in Delhi Police on 29.03.2006. He was called upon to file an Attestation Form along with an undertaking in the requisite proforma, as supplied by the petitioners to him. He did submit the Attestation Form along with an undertaking. The relevant portion of the undertaking reads as under:-

(2.) On 29.08.2006 without issuing any show cause notice or warning, the respondent was dismissed from service on the ground that he concealed fact about his involvement in FIR No.88/2001 registered under Section 147/452/323/504/506 IPC at Police Station Garhi Pukhta, in which a compromise took place on 7.10.2001. The representation made by the respondent against the aforesaid order was without any success. It is, thereafter, the respondent filed an Original Application bearing No. 318/2007 before the Central Administrative Tribunal, Principal Bench (hereinafter referred to as the "Tribunal") which was partly allowed by the Tribunal vide order dated 18.09.2007 and the petitioners were directed to accord a reasonable opportunity to the respondent by issuance of show cause notice etc. and adopting due process of law.

(3.) Accordingly, a show cause notice was served upon the respondent on 28.11.2007 to which the respondent submitted his reply dated 04.12.2007 contending therein that non-mentioning of criminal case was due to the fact that the respondent was not aware of his involvement in the said FIR inasmuch as he was neither arrested nor prosecuted in that case. He never received any communication about his involvement in that case either from the Court or from the Police before he was informed by the In-charge Police Station that the Closure Report in the case has been filed.