ASHOK KUMAR Vs. ADDL.C.P. DELHI

JUDGEMENT

(1.) The instant writ petition impugns the order of 20/12/2002 passed by the Central Administrative Tribunal1 dismissing OA No.2021/1996 which had been preferred by the petitioner aggrieved by the order of dismissal passed by the respondents on culmination of disciplinary proceedings. For the purposes of disposal of the present writ petition, it would be pertinent to notice the following salient facts.

(2.) The respondents appear to have initiated enquiry proceedings against the petitioner and one constable Jitenderpal Singh based upon the complaint made by certain individuals alleging that the petitioner and Jitenderpal Singh were guilty of extortion of money and that on another date they had entered the premises of Diplomate Furniture and mercilessly beat one Kanhaiya Lal and snatched Rs.1800.00 from them. On the very same night, the two delinquent employees are stated to have entered the house of one Uma Shankar in an inebriated state and snatched his watch and purse containing Rs.500..00 In light of the allegations which were made, the petitioners came to be dismissed with the respondents invoking Article 311(2)(b) of the Constitution.

(3.) Aggrieved by the aforesaid order of 9/11/2022 dismissing them from service, both the delinquent employees preferred appeals. The Appellate Authority allowed the said appeals and remanded the matter with the observation that a regular departmental enquiry may be conducted against them. Pursuant to the order passed by the Appellate Authority, the petitioner and Jitenderpal Singh came to be reinstated in service on 20/10/1993 with effect from 17/9/1993. The department enquiry thereafter ensued and a chargesheet came to be issued against the petitioner here as well as Jitenderpal Singh on 6/3/1994. The Enquiry Officer on culmination of those proceedings submitted a report finding that the employees were guilty of the charges as laid.