HARISH CHANDER Vs. LT GOVERNOR

JUDGEMENT

(1.) On August 17, 1993, three persons alleged to have stolen steel plates were apprehended by PCR personnel on their being brought before them by one Kishan Pal. These persons were handed over by the personnel of the PCR to Head Constable Krishan Kumar on the same day. Besides, 2-1/2 kattas of steel plates numbering 787 were also handed over to him. Head Constable Krishan Kumar, at the direction of the SHO concerned, made over the said persons and steel plates to SI Harish Chander. SI Harish Chander, the petitioner, did not register the FIR on August 17, 1993 when the said persons and the stolen property were handed over to him, but registered the same on August 19, 1993. The further allegation against the petitioner is that though 787 steel plates were recovered and handed over to him, he deposited only 185 plates in the Malkhana. Disciplinary proceedings were initiated against the petitioner and on the basis of the evidence recorded in the enquiry, the enquiry officer found the petitioner to be guilty of the charges made against him. Pursuant thereto, the disciplinary authority directed withholding of the next increment due to the petitioner for a period of three years with cumulative effect affecting his future increments. The petitioner, not being satisfied with the order of disciplinary authority, filed an appeal before the appellate authority. By a detailed order, the appellate authority rejected the appeal of the petitioner. Thereafter, the petitioner challenged the order of the appellate authority by means of an O.A. before the Central Administrative Tribunal. On October 10, 2001, the Central Administrative Tribunal, not finding any merit in the appeal, rejected the same. It is this order of the Central Administrative Tribunal which has been challenged before us.

(2.) Ms. Ahlawat, learned counsel appearing for the petitioner, submitted that there are material contradictions in the statements of witnesses produced at the enquiry. She submitted that Head Constable, Krishan Kumar had stated before the enquiry officer that he had handed over two persons alongwith 2-1/2 kattas of utensils to SI Harish Chander. She points out that this statement is contrary to the statements of other witnesses whose statements were recorded before the enquiry officer. According to her the petitioner was not guilty of the charges framed against him.

(3.) We have considered the statement of learned counsel for the petitioner. There is evidence on record to show that 2-1/2 kattas of steel plates as also the persons who were alleged to have stolen the same were handed over to SI Harish Chander on August 17, 1993. The petitioner did not register the FIR till August 19, 1993. The petitioner only deposited 185 steel plates in the Malkhana instead of 787 plates which were handed over to him. This court while sitting in writ jurisdiction cannot delve into evidence to reappreciate and reappraise the same, especially when there is no error apparent on the face of the record. It is not a case where there is no evidence to support the findings of the enquiry officer. In the circumstances, we decline to interfere with the order of the Central Administrative Tribunal.