COMMISSIONER OF POLICE Vs. H.C. FATEH SINGH

JUDGEMENT

(1.) ALLOWING O.A. No. 79/2008 and as a result quashing the penalty levied upon the respondent, the reasoning of the Tribunal as per the impugned order dated August 17, 2009 reads as under: -

(2.) THE rule in question mandates that if during inquiry, with reference to the summary of allegations the inquiry officer finds that in view of the evidence led a charge other than the one which constituted the substratum of the summary of the allegations is made out, he may record findings on such charge provided that findings on such charge shall be recorded if the accused officer had admitted the fact which constituted the charge or had an opportunity of defending himself against them.

(3.) IN the instant case the summary of allegations read as under: -