GNCT OF DELHI Vs. ASI RAMBIR SINGH

JUDGEMENT

(1.) This writ petition is directed against the order dated 07.05.2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA 3261/2009. The said OA had been filed by the respondents challenging the order dated 03.10.2008 passed by the Disciplinary Authority forfeiting one year's approved service of the respondents and the Appellate Authority's order dated 06.08.2009, whereby the appeal of the respondents was rejected.

(2.) In brief, the allegation against the respondents was that they were checking vehicles / trucks coming from Ghaziabad entering into Delhi at the Gazipur Border Traffic Picket in Kalyan Puri Traffic Circle in the intervening night of 14/15.03.2003 at about 3:50 am. The allegation is that at the time of checking, the said respondents were found collecting money from truck drivers without giving them any receipts or issuing challans. A motorcycle which was parked nearby bearing registration No. DL-ISM-4143 was also checked by the checking staff and it was found to contain Indian currency in the denominations of Rs. 10/-, Rs. 20/-, Rs. 50/- and Rs. 100/- totalling to Rs. 6,350/-. Consequently, after seizure of the said amount etc., a departmental proceeding was initiated against the respondents and the respondents were asked to answer the charge against them that the same amounted to gross misconduct, negligence and dereliction in discharge of their official duties and it rendered them liable to be dealt with departmentally under the provisions of the Delhi Police (Punishment and Appeal) Rules, 1980.

(3.) Thereafter, an Inquiry Officer was appointed and he concluded his inquiry by submitting his report of findings dated 11.08.2003. The Inquiry Officer's report dated 11.08.2003 indicated that the benefit of doubt be given to the respondents as he was of the view that the charges against them had not been proved. However, the Disciplinary Authority did not agree and recorded his disagreement and thereafter imposed the penalty of forfeiture of three years' approved service permanently. The period of suspension was also treated as not spent on duty. The statutory appeal was also rejected.