KRISHAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition is directed against the order dated 20th January, 2000 passed by the respondents imposing upon the petitioner the punishment of removal from service with immediate effect and also the order dated 9th June, 2003 whereby the appeal filed by the petitioner against the aforesaid order of removal was rejected.

(2.) The petitioner was recruited as a Constable on 22nd December, 1992. In the writ petition it is stated by him that the petitioner came to know, for the first time, in 1994-1995 that a criminal case had been registered against him in the Police Station Dabri, Palam, pursuant to a First Information Report lodged on 4th December, 1997 under Section 424 of the Indian Penal Code. It is stated that immediately on coming to know of the said fact the petitioner surrendered before the Judicial Magistrate at Patiala House Courts on 12th July, 1995 and was granted regular bail on 13th July, 1995. It is also stated that in the challan filed by the Police before the trial court on 16th April, 1993 the petitioner's name was shown in column No.2. A charge sheet, however, came to be prepared against the petitioner and the same was issued to the petitioner. The said charge sheet reads as follows:-

(3.) Along with the aforesaid Statement of Article of Charge, a Statement of Imputation of Misconduct in support of the Article of Charge was also sent to the petitioner. The statement of defence, which was submitted by the petitioner was found to be unsatisfactory by the disciplinary authority and consequently he ordered for holding a regular departmental inquiry against the petitioner and appointed an inquiry officer for the purpose. The inquiry officer conducted the inquiry and on completion of the same submitted his report finding the petitioner guilty of the charge. The disciplinary authority agreed with the aforesaid finding of the inquiry officer and by his order dated 20th January, 2000 imposed upon the petitioner punishment of removal from service with immediate effect. The petitioner preferred an appeal against the same. The appellate authority after going through the same found no ground to interfere with the order of removal from service and rejected the appeal of the petitioner. The revision filed by the petitioner as against the aforesaid order was also rejected by the order dated 27th July, 2000. Thereafter, the petitioner filed a writ petition in this court, which was registered as CW No.4416/2000. The learned Single Judge vide judgment and order dated 30th April, 2002 disposed of the said writ petition holding that a lenient view is liable to be taken in respect of the petitioner. The learned Single Judge set aside the impugned orders with a direction that the petitioner should be reinstated in service holding further that the petitioner would not be entitled to any salary and pecuniary benefits from the date of dismissal till the date of the said order.