GOVT OF NCT OF DELHI Vs. RAJPAL SINGH

JUDGEMENT

(1.) . Interpretation of Rule 12 of the Delhi Police (Punishment and Appeals) Rules, 1980 is in question in this writ petition which arises out of a judgment and order dated 4/02/2000 passed by the Centra] Administrative Tribunal, Principal Bench in OA No. 1161/1996 dismissing the petitioner's Original Application whereby and whereunder he had questioned an order of dismissal dated 15/01/1991 passed by the disciplinary authority as also an order dated 10/04/1991 passed by the appellate authority, dismissing the appeal preferred by him.

(2.) . Shorn of all unnecessary details, the fact of the matter is as follows: The petitioner, at all material times, was posted as Constable in Delhi Police. Allegedly, he had gone to the jhuggi of Smt. Ram Murthi and outraged her modesty and on her protest and statement to the effect that she would disclose the same to her husband, he allegedly threatened that in that event, her husband would be assaulted. On the basis of the said allegation, departmental proceedings as also a criminal case were started against him. In the departmental proceedings, the petitioner was found guilty of misconduct and by an order dated 15/01/1991, a penalty of dismissal from service was imposed on him. However, he was acquitted in the criminal trial having been given the benefit of doubt. As against the said order of dismissal, the petitioner preferred an appeal before the appellate authority. The said appeal was, however, dismissed whereupon he filed the Original Application before the Tribunal which was marked as OA 1593/1991.

(3.) . The question raised before the Tribunal was that having regard to the fact that an order of acquittal has been passed in favour of the respondent in the said criminal trial, the order imposing punishment in the departmental proceedings was not maintainable.