GOVT OF NCT OF DLEHI Vs. NIHAL SINGH

JUDGEMENT

(1.) This petition has been filed by the Govt. of NCT of Delhi and its functionaries, viz. Commissioner of Police / Deputy Commissioner of Police ('petitioners', herein), challenging the order dated January 23, 2020 passed by the Central Administrative Tribunal, Principal Bench, New Delhi ('Tribunal', for short) in Original Application No.3291/2014 ('OA', for short) which was filed by four persons i.e., the respondents herein, whereby the Tribunal has partly allowed the OA by modifying the punishment imposed against the respondents, to one of forfeiture of five years of approved service on temporary basis and not on permanent basis. It further directed that the resultant benefits shall be worked out for the respondents but they shall not be paid any arrears of wages upto date of the impugned order.

(2.) The facts as noted from the record are, the respondent Nos.1 and 4 are Constables and the respondent Nos.2 and 3 are Head Constables, in the Delhi Police. Disciplinary proceedings were initiated against them, by issuing charge memo dated September 19, 2007. The allegation against them was that they were part of a police party, to escort one Sakil alias Kalia, an under trial prisoner, lodged in Tihar Jail, for production in a Court at Patiala, Punjab, through Dadar Express Train, on June 29, 2007. It was also alleged that, on account of the negligence on the part of the respondents, the under trial prisoner escaped from the toilet of the train by removing the glass pane. The charge further revealed that Sakil was a dreaded criminal, who was facing the charges of murder, burglary, extortion, robbery and commissions of acts under Arms Act and though, he had notorious history, despite that, the respondents did not exhibit required amount of care and caution resulting in his escape from their custody.

(3.) The explanation given by the respondents was not found favour with the Competent Authority. The Competent Authority, accordingly, initiated a departmental inquiry. The charge levelled against the respondents stood proved. The Disciplinary Authority passed an order dated September 03, 2008, imposing the punishment of forfeiture of ten years of approved service of the respondents, on permanent basis.