COMMISSIONER OF POLICE Vs. DEVENDER KUMAR

JUDGEMENT

(1.) Petitioners are aggrieved by an order passed by the Central Administrative Tribunal dated 03.07.2008 whereby the Tribunal has been pleased to allow the Original Application bearing no. 629/2002 filed by the respondents holding that the respondents were not guilty of the charges levelled against them and exonerated of the Memorandum of Charge levelled against them in the summary of allegations served upon them on 16.08.1994 based upon FIR bearing No. 13/94 registered under Section 394/34/452 of the IPC at the instance of the complainants who were not produced as witnesses before the Court.

(2.) The Tribunal accepted the case of the respondents by holding that the order passed by the disciplinary authority and the Appellate Authority inflicting the punishment of dismissal on the respondents and rejecting their appeals respectively were bad in law and, thus, the two orders were quashed and set asided and the respondents were directed to be reinstated in service forthwith with all consequential benefits except back wages. Those directions were required to be complied with within three months of the receipt of the certified copy of the said order.

(3.) The petitioners who initiated the enquiry against the respondents under Rule 12 of Delhi Police (Punishment & Appeal) Rules 1980, despite acquittal of the respondents by the Criminal Court vide judgment dated 26.04.2000 in case FIR No. 13/94 submits that the order passed by the Tribunal was not correct inasmuch it was not a case where there was no evidence to prove the allegations made by the petitioners against the respondents. It was also submitted that it was a fit case where the petitioners were fully justified in having called shri Narender Chawla as a Court witness despite his name having not mentioned in the list of witnesses in view of Rule 16 (viii) of Delhi Police (Punishment & Appeal) Rules 1980 which reads as under: