BRAHAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) A judgment and order dated 28th October 2001 passed by the Central Administrative Tribunal, Principal Bench (in short. "Tribunal") in O.A. No. 2696 of 2000 is in question in this writ petition.

(2.) A Criminal case was instituted against the original applicants viz. SI Brahm Singh and H.C. Anand Singh and Constable (Driver) Kailash Chand on the charge of forcibly snatching a sum of Rs.40,000/- from a stray passenger, Chandresh Kumar by name, in the wee hours on 30th September 1993. Both departmental proceedings and criminal cases were instituted against them. A first information report was lodged against the petitioners and one Kailash Chand for alleged commission of an offence under Section 384/34 of the Indian Penal Code (hereinafter referred to as "IPC"). The petitioners were placed under suspension. They were dismissed from services by an order dated 21st October 1993 in terms of the provisions of Article 311(2)(b) of the Constitution of India. They preferred an appeal before the Additional Commissioner of Police who was the designated appellate authority. The said appeal was allowed.

(3.) Thereafter a regular department proceeding was initiated. According to the petitioners they applied for supply of certain documents which were given to them after PWs were examined in the departmental enquiry.