AJAY KUMAR Vs. UNION OF INIDA

JUDGEMENT

(1.) The present petition is arising out of an order passed by the Central Administrative Tribunal (CAT) dtd. 1/8/2006 in O.A No. 2675/2004, titled Ex-SI Ajay Kumar v. Union of India and Ors.

(2.) The facts of the case reveal that the Petitioner before this Court was serving on the post of Sub Inspector with the Delhi Police and was subjected to disciplinary enquiry. The departmental enquiry was initiated against him under the provisions of Delhi Police (Punishment and Appeal) Rules, 1980 vide order dtd. 2/4/2002 for committing grave misconduct and unbecoming of a Government servant. He was charge-sheeted for violating Sec. 3 of the Central Civil Services (Conduct) Rules. The alleged incident which resulted in departmental enquiry reveals that while the Petitioner was posted in VI Bat. DAP, he developed illicit relations with one Mrs. Meenu Sharma w/o Sh. Ram Saran Sharma, R/o 380, Shastri Nagar, Delhi. It is alleged that Mrs. Meenu Sharma left the house with the daughter on 17/5/2000 and the matter was reported to Police Station Sarai Rohilla and it was suspected that she has gone with Sub Inspector Ajay Kumar i.e. the Petitioner. She was produced in the Police Station on 18/5/2001 by the Petitioner.

(3.) The facts of the case reveal that the Petitioner broke open the lock of House No. G-9, Jagat Puri and lived in the house for approximately three months with Mrs. Meenu Sharma and her daughter Akriti. The said house was under the ownership of one Baljeet Singh who had locked the house and left with his family in December 2000 for some unknown place. A theft took place in the said house and the matter was reported to the Police. On the request of local residents, the house was re-locked on 4/4/2001. It is alleged that that the Petitioner started residing in the house along with Meenu Sharma. The Petitioner was placed under suspension by an order dtd. 28/6/2002 and was reinstated on 26/12/2002.