COMMISSIONER OF POLICE Vs. HARCHARAN VERMA

JUDGEMENT

(1.) Invoking the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioner, namely, the Commissioner of Police has called in question the legal validity of the order dated 6th April, 2010 passed by the Central Administrative Tribunal, Principal Bench (for short the tribunal) in OA No. 2425/2009 whereby the tribunal has quashed the punishment of censure imposed on the respondent.

(2.) The brief resume of facts are that a show-cause notice dated 17th March, 2008 was issued to the respondent who was functioning as the SHO, Police Station, Connaught Place at that time. The relevant part of the show-cause notice reads as follows: -

(3.) On the basis of the aforesaid show-cause notice, the respondent filed a reply stating, inter alia, that 34 cases under Section 292 of IPC/Copyright Act had been prosecuted by him and the cases were being tried in the courts; that he had written to the NDMC, the authority allotting the shops in the Palika Bazar, for cancellation of allotment of shops peddling obscene material; that there had been raids conducted by the other agenicies of Delhi Police such as the Crime Branch/Special Staff Vigilance Branch in Palika Bazar during his tenure; that he had issued instructions to the officials of the police station to pay special attention to shops selling pornographic material; and that he had taken all steps to stop these kind of activities.