CHANDER MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present writ petition, the dismissal of the petitioner's OA.No.1390/93 vide orders dated 19/03/1999 by Central Administrative Tribunal (in short the Tribunal) Is under challenge.

(2.) The petitioner, a Constable in Delhi Police was posted as PSO at the residency of a Supreme Court Judge. On 11/05/1991, while he was on duty, at about 5.00 PM he stopped an escort car near Kothi No.10, Krishna Menon Lane, New Delhi which was returning from 'E' Block, Security Lines at Krishna Menon Marg. Me asked the two Constables in the car as to from where they were coming and when he was told that they were coining after collecting their meals, he took and opened the tiffin and finding Dal therein, questioned as to why they did not bring Paneer and fired one round from his service revolver on the tiffin The bullet pierced the tiffin and went in air. The petitioner thereafter escaped. A preliminary enquiry was held. He was also not found on duty on that evening and was marked absent.

(3.) A departmental enquiry was ordered and he was put under suspension. The Enquiry Officer completed the enquiry . and submitted his report on 13/07/1992. A copy of the enquiry report was' delivered to the petitioner on 6/08/1992, to which he filed reply on 20/08/1992 taking the plea as referred by the Enquiry Officer in his report. The Disciplinary Authority i.e. Additional DCP (Security), after considering the report of the Enquiry Officer and the reply of the petitioner, punished him by ordering his removal from service vide order dated 8/12/1992. The petitioner's appeal against the same was rejected by the Appellate Authority i.e. Additional Commissioner of Police ,on 24/05/1993. Aggrieved by the same, petitioner filed OA before ,the Tribunal and aggrieved by the order of the Tribunal, he has filed the present writ petition.