RAM GOPAL Vs. COMMISSIONER OF POLICE, DELHI

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 19.09.2011, passed in OA No. 888/2011 by the Central Administrative Tribunal, Principal Bench, New Delhi. Before the Tribunal, the petitioner had challenged the order dated 03.12.2008 passed by the Disciplinary Authority as well as the order dated 07.01.2011 passed by the Appellate Authority. The Disciplinary Authority had awarded the punishment of forfeiture of one year's approved service temporarily for a period of one year entailing reduction in pay from Rs.8810/ - to Rs.8480/ -. This was done pursuant to a regular departmental inquiry in so far as the petitioner was concerned under the Delhi Police (Punishment & Appeal), Rules, 1980 (hereinafter referred to as "the said Rules"). We may also point out that the findings of the Inquiry Officer had been concluded on 17.08.2000. However, the final order was kept in abeyance inasmuch as the proceedings emanating from FIR No. 362/1999 under Section 419/420/468/471 IPC read with Section 12 of the Passport Act, 1967, was pending. In those proceedings, the petitioner had been placed in column two of the charge -sheet. We also note that he was not summoned nor was he tried in the said proceedings. On 13.04.2007, the main accused, namely, Gurmeet Kaur alias Amarjeet Kaur in that case was acquitted. On 07.10.2008, the departmental inquiry was re -opened and the findings of the Inquiry Officer were supplied to the petitioner on 07.10.2008.

(2.) A representation was submitted by the petitioner and the Disciplinary Authority passed the said order on 03.12.2008. The Appellate Authority, by an order dated 29.05.2009, enhanced the punishment to forfeiture of two years' approved service permanently entailing reduction in his pay. Being aggrieved by that order, the petitioner filed an Original Application No. 524/2010 before the Tribunal, which was disposed of by the Tribunal by an order dated 16.11.2010, remitting the matter to the Appellate Authority for passing a fresh, reasoned and speaking order after considering all the contentions taken by the applicant in his appeal. Pursuant thereto, the Appellate Authority passed the said order dated 07.01.2011 concurring with the Disciplinary Authority's decision as also the punishment awarded by it. It is at this stage that the petitioner approached the Tribunal once again by virtue of the Original Application No. 888/2011 in which the impugned order dated 16.09.2011 has been passed.

(3.) THE second point before the Tribunal was that his defence evidence was not considered. This was also repelled by the Tribunal by referring to the specific discussion by the Inquiry Officer in his report. The Tribunal also pointed out the references in the Disciplinary Authorities' order