HARVIR SINGH Vs. UNION OF INDIA THROUGH SECRETARY

JUDGEMENT

(1.) These are two writ petitions arising out of the same order dated 26th May, 2000 passed by the Central Administrative Tribunal in O.A. No. 1471 of 1998.

(2.) The question for consideration arises in the following circumstances: An order was passed on 16th April, 1993 in respect of Harvir Singh under clause (b) of the second proviso to Article 311 (2) of the Constitution. By this order, a departmental inquiry against him (in respect of allegations of criminal misconduct) was dispensed with on the ground that it was not reasonably practicable to hold such an inquiry. On a challenge being made, the Tribunal upheld this order. Subsequently, Harvir Singh was acquitted in the criminal cases filed against him arising out of his alleged criminal misconduct. The question before us is this: Could the Tribunal set aside the order dated 16th April, 1993 merely on Harvir Singh's acquittal in the criminal cases? Our answer to this question is in the negative.

(3.) At the relevant time, Harvir Singh (hereafter referred to as the Petitioner) was working with the Delhi Police as a Constable. It was alleged that he was involved in the theft of several cars. First Information Reports were registered against the Petitioner in several such cases and even the stolen cars were alleged to have been recovered from him. On a consideration of the entire facts and circumstances of the case, a departmental inquiry against him was dispensed with by his disciplinary authority by resorting to clause (b) of the second proviso to Article 311 (2) of the Constitution and he was thereafter dismissed from service on 16th April, 1993.