COMMISSIONER OF POLICE Vs. BRAHM PRAKASH

JUDGEMENT

(1.) THE present writ petition challenges the order dated November 20, 2012 passed by the Central Administrative Tribunal in OA No.1928/2011 wherein the Tribunal has quashed the findings of the Inquiry Officer, the penalty order dated March 18, 2010 imposing a penalty of forfeiture of five years' approved service upon the respondent as well as the order dated May 25, 2010 rejecting the appeal filed by the respondent against the order dated March 18, 2010 passed by the disciplinary authority.

(2.) THE respondent was enrolled as a Constable with the Delhi Police in the year 1993, and on August 22, 2008, on the allegation that he and HC Birender Kumar had let off one Vicky s/o Inder Singh in case FIR No.814/06 after accepting an illegal gratification in sum of Rs.5000/ -, a joint inquiry was conducted against the respondent and HC Birender Kumar at which only respondent was indicted.

(3.) THE summary of allegation brings out that as per the department, the role of respondent and that of HC Birender Kumar was distinct and severable. As per the allegation, it was the respondent who received Rs. 5000/ - from Inder Singh, father of Vicky, to let him off and to bail out Ram Singh. HC Birender Kumar, being the Duty Officer at PS Dwarka at the time, did not raise any objection and allowed the misdemeanour to be perpetuated under his nose was the allegation against HC Birender Kumar.