RANBIR SINGH Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) THE present petition is filed under Article 226 of the Constitution of India for the issuance of a writ in the nature of certiorari for quashing the impugned order dated 18.05.1995; 06.02.1996 and 28.01.1997, thus, praying that the petitioner be reinstated in the services forthwith, as per his seniority status along with all the consequential benefits which follow from such reinstatement as per his entitlement at the seniority level.

(2.) THE petitioner was enlisted as Constable (driver) with No. 4B 52/DAP (PIS No. 28824045). It was alleged against him that on the night intervening 20/21.08.1993, as Motor Cycle rider, he took the Government vehicle No. DBL- 2661 from M T Park V Battalion DAP after collecting the keys from the drivers barrack kept by Constable (driver) Bani Singh and went to Hauz Quazi with some ulterior motive along with another person who could not be identified. THEre he intercepted Truck No. USC-8265 at Chawri Bazar Nukkar and demanded entry money from the driver of the truck. On being seen and approached by SHO Hauz Quazi, he escaped from the scene and while fleeing from scene he hit a cycle rickshaw also. Though he was chased by the Police Control Room Staff, he could not be apprehended at that time.

(3.) AGGRIEVED by the impugned order dated 6th February, 1996 awarding the punishment of removal from service, the petitioner filed an application under section 19 of the Administrative Tribunals Act to the Central Administrative Tribunal contending that the Appellate Authority ignored all the norms of justice and the order passed by him is not sustainable in the facts and circumstances and in law. He also contended that in the show cause notice, there was no mention of his appeal and his appeal had not been placed before the competent authority and considered by him.