EX CONSTABLE VINOD KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition, the petitioner challenges the order of the Central Administrative Tribunal in O.A. No. 995/2002 dated April 15, 2002. By that order the Tribunal declined to quash the order dismissing the petitioner from service. The facts giving rise to the writ petition are as follows:-

(2.) The petitioner was enrolled as a Constable in the Delhi Police on October 21, 1986. On December 12, 1995 an enquiry was initiated against the petitioner on the ground of indulging in corrupt activities. The allegations against the petitioner are that while posted in 'E' Block, Security Lines, he received an illegal gratification of Rs.20,000/- in the year 1993 and Rs. 5.000/- in the year 1994 for securing an appointment for one Shri Surinder Singh in the M.C.D. as a teacher. Again in the year 1994 he received a sum of Rs.20,000/- as illegal gratification from one Khacheru Sharma for getting his son appointed as Constable in the Delhi Police. In the light of the allegations, the Enquiry Officer framed charges against the petitioner. After recording the evidence the Enquiry Officer held the charges to be proved against the petitioner. Thereafter, on May 20, 1999, the Disciplinary Authority passed an order dismissing the petitioner from service. The petitioner preferred an appeal against the order of his dismissal to the departmental Appellate Authority. The appeal, however, was dismissed by the Appellate Authority on October 28, 1999. Aggrieved by the dismissal of the appeal, the petitioner filed an original application being O.A. No. 2630/99 before the Central Administrative Tribunal, Principal Bench, New Delhi, seeking quashing of the order of dismissal passed by the disciplinary authority and the order of the appellate authority. The Tribunal upheld the order of dismissal as also the order passed by the appellate authority. Accordingly, the O.A. was dismissed on July 12,2001.

(3.) We may note that an FIR being FIR No. 99/96 under section 420 I.P.C., PS Tilak Marg, was also registered against the petitioner with reference to the allegations of receipt of illegal gratification by the petitioner. After investigation a charge sheet was filed against him. The trial led to the ultimate acquittal of the petitioner in the criminal case on October 21, 2001. Thereafter, on November 12, 2001 the petitioner filed a representation to the appellate authority by which relief was sought on the basis of the order of acquittal passed by the trial court. The appellate authority declined to entertain the representation. Thereupon, the petitioner filed another original application being O.A. No. 200/2002. The O.A. was disposed of by the Tribunal with the direction to the respondents to consider the representation of the petitioner. Pursuant to the order of the Tribunal the representation was entertained by the Additional Commissioner of Police but the same was rejected by him on merits on March 27, 2002. Aggrieved by the aforesaid order the petitioner again filed an original application being O.A. No. 995/2002 before the Central Administrative Tribunal which too was dismissed by the Tribunal on April 15, 2002. It is this order of the Central Administrative Tribunal which has been impugned before us in this writ petition.