DALIP KUMAR Vs. UOI

JUDGEMENT

(1.) PETITIONER Dalip Kumar was enrolled as a Constable by Delhi Police on May 01, 1990 and while still under probation, and as a matter of fact when undergoing training, stopped reporting for the training. He claimed to have fallen sick. The Commissioner of Police was probably of the view that he was feigning sickness and on September 14, 1990, his services were terminated. He filed OA No.1946/1991 before the Central Administrative Tribunal which was disposed of on June 03, 1997, directing an inquiry to be made with respect to the correctness and truth of the medical record relied upon by Dalip Kumar.

(2.) INSPECTOR Amarjeet Singh of the Vigilance Branch of Delhi Police conducted a detailed inquiry and opined that notwithstanding medical papers submitted by Dalip Kumar were genuine but the same did not indicate grave illness of a nature which incapacitated him to complete the training. On September 25, 1997, Dalip Kumar's representation against his services being terminated was rejected. He filed OA No.2487/1997 which was disposed of by the Tribunal on September 14, 2000, directing as under:-

(3.) IT is apparent that a time bomb started ticking. Dalip Kumar, who was reinstated in service, started claiming: (i) Seniority as a Constable as per his merit position when selection was made in the year 1990; (ii) To give him notional increments so that on rejoining he would receive salary equivalent to his juniors; (iii) To grant him ACP benefit on May 01, 2012 treating him as having completed 12 years service; (iv) Promote him to the rank of Head Constable; and (v) To direct intervening period as spent on duty for all intents and purposes.