UNION OF INDIA Vs. NITIN KUMAR DABAS

JUDGEMENT

(1.) WITH regret we note that from a particular Bench of the Central Administrative Tribunal at Delhi we are receiving judgments which are being written most casually, without even discussing the relevant facts. So casually are the judgments written that they do not even bring out what was in the mind of the members of the Bench when they penned the opinion. This results in the writ court being burdened with the task of re-appraising the facts.

(2.) BUT this case has compelled us to pen down our anguish as aforewritten because we find that in the impugned decision dated December 03, 2012, in paragraphs 8 and 10, the Bench concerned has written that the two criminal cases in which the respondent was involved were not of a very serious nature. We are surprised at the observations of the Tribunal for the reason it is not in dispute that FIR No.62/2008, in which the respondent was named as an accused, pertained to the charge of rape. Now, if a judicial Fora writes that rape is not a serious offence it would be a very serious matter and probably may even entail going beyond passing strictures at such a view taken; and against the author.

(3.) FINDING employment denied to him on account of the fact that respondent was one out of the three accused named in FIR No.62/2008 PS Bawana and was an accused in FIR No.448/2004 PS Bawana, the respondent filed an Original Application before the Tribunal pointing out that FIR No.62/2008, pertaining to offences punishable under Section 376/511/506/212/34 IPC, resulted in the Court concerned framing a charge only against one co-accused named Pawan for offences punishable under Sections 376/511/506 IPC and under Section 212 IPC against the second co-accused named Lokesh. As regards him i.e. the respondent, he was discharged. The reason was the concerned Court noting that as per the prosecutrix it was Pawan, who under the pretext of delivering an invitation card, entered the house and finding her alone tried to rape her and hearing her cries as her father entered the room Pawan ran out and sat on the motorcycle of Lokesh and both drove away and after sometime it was the respondent who took away Pawan on the motorcycle.