LAWS(DLH)-2012-4-206

CONSTABLE ANIL KUMAR Vs. GOVT OF DELHI

Decided On April 23, 2012
CONSTABLE ANIL KUMAR Appellant
V/S
GOVT. OF DELHI Respondents

JUDGEMENT

(1.) This writ petition is directed against the order dated 19.08.2010 passed by the Central Administrative Tribunal, Principal Bench (hereinafter referred to as the Tribunal ) whereby OA No. 2639/2010 filed by the petitioner was dismissed. The facts giving rise to the filing of the petition can be summarized as under:

(2.) The only argument advanced by the learned counsel for the petitioner, before us was that there was no evidence to prove any misconduct or negligence on the part of the petitioner. His contention was that the petitioner having been posted at lock up as well as Malkhana was patrolling between the lock up and the malkhana, and therefore, when the power failure occurred he could not notice Abdul Shamshad bending iron bars of the lock up and escaping from police custody.

(3.) With respect to the power of the Tribunal or for that matter this Court to interfere with the finding recorded in a Departmental Inquiry, this Court in a recent judgment dated 19.1.2012 in WPC 2431/2011 Ex. Head Constable Manjeet Singh v. Union of India & Ors inter alia observed as under: