JITINDER TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner before this Court has filed the present petition being aggrieved by the Order dtd. 13/5/2011, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (CAT) in O.A. No. 2725/2009 by which the Original Application challenging the order of punishment dtd. 26/8/2008 and the order rejecting the appeal was dismissed.

(2.) The facts of the case reveal that the petitioner who, at the relevant point of time was serving as Sub Inspector of Police was subjected to disciplinary proceedings along with one Om Prakash Ahlawat. The allegations leveled against the petitioner and Om Prakash Ahlawat reveal that while posted at Police Station Paschim Vihar they detained Smt. Santosh Jain and Smt. Anita Jain along with her two minor children in the absence of any male family member of the family. The action was taken by the petitioner as well as Om Prakash Ahlwat based upon a complaint of Smt. Meenu Jain dtd. 3/5/2002. The facts further reveal that ignoring the earlier complaint of Smt. Santosh Jain dtd. 2/5/2002 and her PCR calls, action was taken against her. The charges further reveal that Smt. Santosh Jain and her daughter-in-law and minor children were detained in the Police Station from 9:30 A.M. to 3:30 P.M. on 5/5/2002. They were allegedly humiliated and threatened to vacate the house. The facts further reveal that on account of the detention and harassment, Smt. Santosh Jain fell sick and she was hospitalized at Muni Maya Ram Jain Hospital, Pitampura from 5/5/2002 at 06:00 P.M. to 6/5/2002 at 10:00 P.M.

(3.) It is further alleged that on 5/5/2002, the Petitioner accompanied Smt. Meenu Jain to Flat No. GH-9/149, Paschim Vihar in the absence of the owner Smt. Santosh Jain and her family and permitted her to take possession of the house by breaking the locks.