CHANDER PAL Vs. NCT OF DELHI

JUDGEMENT

(1.) This reference has been made to a Larger Bench by a Division Bench of this Court doubting the correctness of a judgment dated 18.10.2001 in C.W.P. No. 6672 of 2000 and other connected matters whereby and whereunder an order of the appellate authority had been set aside only on the ground that purportedly on similar charges, the appellate authority itself had set aside orders of punishment. Having regard to the point involved in these matters, it is not necessary to notice the fact of the matter in great detail.

(2.) Rule 3 of the Appointment Rules defines 'Appointing Authority' in relation to the subordinate police officers below the rank of Inspector to mean the Deputy Commissioner of Police including the Additional Deputy Commissioner of Police or any other officer of equal rank. 2.2 Rule 5 of the Appointment Rules deals with 'Recruitment'. Rule 5(d), which is relevant for the purpose of this matter, reads thus :-

(3.) The petitioners allegedly obtained their employment by producing bogus employment registration card. The services of the petitioners were terminated on the aforementioned ground. Original applications were filed questioning the said order and pursuant to the directions issued by the Central Administrative Tribunal, Principal Bench, New Delhi ( in short, 'the Tribunal' ), disciplinary proceedings were initiated. The Enquiry Officer and consequently the Disciplinary Authority found the petitioners guilty of the charges levelled against them. Appeals preferred thereagainst before the appellate authority were also dismissed. Original applications filed by the petitioners before the Central Administrative Tribunal questioning the said orders were allowed and the matters were remitted back to the appellate authority. However, by, reason of an order dated 27.12.1999, the appellate authority again rejected the appeal. Fresh original applications were filed, which have been dismissed by reason of the impugned order.