DELHI ADMINISTRATION Vs. EX CONSTABLE INDERJIT

JUDGEMENT

(1.) Respondent No. 1 herein was a Constable. A First Information Report ( in short, 'FIR' ) was lodged against him on 19.06.1992 for alleged offence under Section 384/506 of the Indian Penal Code ( in short, I.P.C.). Prior thereto, he was charge-sheeted for absenting from duty without delivering certain important papers to the Government counsel wherefor he was marked absent on 19.06.1982 w.e.f. 18.06.1982. Changes levelled against him were :-

(2.) On or about 29.06.1992, the disciplinary authority passed an order of dismissal holding that a regular disciplinary proceeding is not reasonably practicable to be held inasmuch as in a case of this nature, it was not uncommon to find the complainants and witnesses turning hostile due to fear of reprisals. It was observed :-

(3.) The respondent No. 1 herein did not prefer any statutory appeal against the said order, but filed an Original Application before the Central Administrative Tribunal, Principal Bench, New Delhi ( hereinafter for the sake of brevity to be referred as, 'the Tribunal' ), which was marked as O.A. No. 2021 of 1982. The writ petitioner did not bring on record any material to show as to why it was not practicable to hold an enquiry against the respondents and an order in terms of proviso 2(b) appended to Article 311 of the Constitution of India was required to be passed.