MIR SINGH Vs. GOVT OF NCT & ORS

JUDGEMENT

(1.) The petitioner has preferred the present writ petition under Article 226 of the Constitution of India to assail the order dated 26.04.2013 passed by the Central Administrative Tribunal (CAT/ Tribunal) in O.A. No.1941/2012, whereby the petitioner's Original Application was dismissed. The petitioner also assails the show-cause notice dated 01.04.2010; the punishment order dated 13.05.2010 passed by the DCP (North-West) and; the order dated 14.02.2010 dismissing the petitioner's departmental appeal against imposition of the penalty of censure upon the petitioner.

(2.) At the relevant time, the petitioner was working as Inspector (SHO), Police Station Model Town, when he was issued a show-cause notice dated 01.04.2010 to explain why he should not be censured for gross misconduct, negligence & lack of supervision in discharge of his official duties relating to investigation of 31 cases. The petitioner sent his reply, and after considering the same, the disciplinary authority issued the impugned order dated 13.05.2010 imposing punishment of censure upon him. His departmental appeal was rejected on 14.02.2010, which led to filing of the aforesaid Original Application.

(3.) The petitioner did not dispute the fact that in respect of 31 cases referred to in the said show-cause notice, action was not taken and they became time barred. However, the explanation furnished by the petitioner was that he had taken over the charge of Inspector (SHO), Police Station Model Town only on 16.11.2007, by which time all the 31 cases referred to in the said show-cause notice had already become barred by time. His defence was that he was not responsible for the cases getting time barred and no fault could be found with the conduct of the petitioner. He contended that many of the Investigating Officers dealing with those cases had got transferred to different police stations and taken the concerned files along with them. He claimed that after he took over as Inspector (SHO), Police Station Model Town, he had tried to contact the concerned Investigating Officers for returning the files so that the challans could be filed in the Court and this fact was brought to the notice of the higher authorities.