CONSTABLE SURESH PAL Vs. COMMISIONER OF POLICE

JUDGEMENT

(1.) This is a writ petition filed by the petitioner, who is working as Constable in Delhi Police against the order passed by the Principal Bench, Central Administrative Tribunal, New Delhi (hereinafter referred to as the Tribunal) on 26.07.2007 whereby the Original Application No.2287/2006 filed by the petitioner has been dismissed. Briefly stating the facts of this case are:

(2.) In view of the aforesaid, the matter came up before the Tribunal on 09.01.2003 whereby the Tribunal directed the appellate authority to decide his appeal and passed the following order:

(3.) On receipt of the aforesaid order, the respondents initiated a second departmental inquiry against the petitioner on finding that the allegation of the petitioner that he had filed an appeal before the appellate authority was not correct. In fact, according to the respondents, the scrutiny of records revealed that the petitioner had not filed any appeal before the appellate authority and further that entry in the diary register at Sl. No.1127 dated 26.3.2001 maintained in the office of RI/RND/Traffic was manipulated which had been managed by the applicant some time after September, 2002. During the enquiry, the petitioner could not produce any evidence to suggest that he had filed any appeal against the order of punishment, and this act on the part of the petitioner amounted to gross misconduct, concealment of facts and dereliction in discharge of his official duties, which would render him liable to be dealt with departmentally under the provisions of the Delhi Police (Punishment & Appeal) Rules, 1980.