COMMISSIONER OF POLICE Vs. ANIL KUMAR YADAV

JUDGEMENT

(1.) This writ petition is directed against an order dated 20.11.2001 passed by the Central Administrative Tribunal, Principal Bench, New Delhi ( hereinafter for the sake of brevity referred to as, 'the Tribunal' ) in O.A. No. 342 of 2001 whereby and whereunder the Original Application filed by the respondent No. 1 herein was allowed.

(2.) The basic fact of the matter is not in dispute. On a charge that during surprise checking of buses conducted by the PRO staff on 01.05.1.997 at T' point Noida in Kalyanpuri Circle, bus Nos. DL-1P-0191, DEP- 4192, DEP-6218 and DL-IP-1457 were found plying without valid permits, the respondent No. 1 herein was awarded the punishment of Censure vide order dated 10.11.1997. The respondent No. 1 preferred an appeal thereagainst wherein the aforementioned order of punishment was set aside vide order dated 13.04.1998. The Commissioner of Police, however, in exercise of his powers conferred upon him under Rule 25B of the Delhi Police (Punishment & Appeal) Rules, 1980 ( in short, 'the said Rules' ) suo moto set aside the order of the appellate authority and confirmed the punishment of Censure vide order elated 29.12.1998. Challenging the said order dated 29.12.1998 passed by the Commissioner of Police, the respondent No. 1 filed the aforesaid Original Application before the, Tribunal.

(3.) The learned Tribunal on the ground that the provisions of Rule 25B of the said Rules have been struck down as ultra vires by a Full Bench of the Tribunal allowed the said Original Application.