RANBIR SINGH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THE respondents/Govt. of NCT and Ors. have sought review of the order dated 28th January, 2011 on the ground that there is a factual mistake incorporated in the order, pursuant to the statement of the counsel for the petitioner that the petitioner, Sh. Ranbir Singh, has already reached the age of superannuation whereas, in fact, the petitioner will attain the age of superannuation on 28th February, 2022. THE applicants have also filed an application for condonation of delay in filing the review application. THE applicants have contended that the departmental inquiry was ordered against the petitioner for misconduct of taking a govt. vehicle and demanding money from a truck driver for entry in the market, after which he was placed under suspension and the Disciplinary Authority had awarded the punishment of withholding one annual increment on temporary basis.

(2.) AGAINST the order of punishment of withholding one annual increment, an appeal was preferred by the petitioner, however, the Appellate Authority, relying on Rule 25 (b) (iii) of the Delhi Police (Punishment and Appeal) Rules, 1994, had issued a show cause notice for the enhancement of the punishment already awarded, and, after considering the matter, passed the order of removal of the petitioner from service. The order of removal was challenged by the petitioner, however, the Central Administrative Tribunal dismissed his petition.

(3.) THE applicants have contended that there is a factual mistake in the order, which has occurred on account of the statement made by the counsel for the petitioner that the petitioner has already attained the age of superannuation as he was enlisted in Delhi Police on 16th September, 1982 and his date of birth is 8th February, 1962 as per his service record. THErefore, in terms of order passed by this Court dated 28th January, 2011, after his reinstatement in service, the petitioner shall attain the age of superannuation on 28th February, 2022 and, therefore, his retiral benefits can be calculated only after 28th February, 2022. In the circumstances, the respondents have sought review of the order dated 28th January, 2011 and direction for reinstatement of the petitioner and to grant him pensionary benefits only after he attains the age of superannuation. THE respondents/applicants have also sought condonation of 39 days delay in filing the review application on the ground that the matter was referred by the department to the Legal Advisory and, thereafter, to the Commissioner of Police on 7th March, 2011 who opined on 23rd March, 2011 that an application for review of the order dated 28th January, 2011 should be filed.