DEPUTY COMMISSIONER OF POLICE Vs. RAVINDER SINGH

JUDGEMENT

(1.) This writ petition is directed against the judgment and order dated 15th October, 2004 passed by the learned Central Administrative Tribunal in OA No.1125/2004 whereby the Central Administrative Tribunal has quashed the impugned orders of dismissal of service issued by the respondent pursuant to a departmental proceedings with a further direction to reinstate the respondent with all consequential benefits. The Tribunal, while rendering the aforesaid judgment and order, has mainly proceeded on two counts. The learned Tribunal after looking into the provisions of Rule 15(2) of the Delhi Police (Punishment and Appeal) Rules, 1980, which reads as under: 15(2) In cases in which a preliminary enquiry discloses the commission of a cognizable offence by a police officer of subordinate rank in his official relations with the public, departmental enquiry shall be ordered after obtaining prior approval of the Additional Commissioner of Police concerned as to whether a criminal case should be registered and investigated or a departmental enquiry should be held. ? held that there was non compliance and violation of the said Rule.

(2.) The learned Tribunal held that since in the present case prior approval of the Additional Commissioner of Police as to whether a criminal case should be registered or a departmental enquiry should be held was not taken, therefore, there is statutory violation in initiating the enquiry as also in conducting the same. The second count on which the learned Tribunal found fault with the orders passed by the petitioner was that there was violation of principles of natural justice in conducting the departmental enquiry. In view of the aforesaid findings rendered on both the counts, the learned Tribunal set aside the impugned order of dismissal from service with a further direction for reinstatement of the respondent in service.

(3.) Counsel appearing for the Deputy Commissioner of Police has submitted before us that the aforesaid decision rendered by the Tribunal on the interpretation of Rule 15(2) of the Rules cannot and should not be sustained in view of the decision of the Supreme Court in State of Punjab v. Charan Singh reported in AIR 1981 SC 1007. He also assailed the findings recorded by the Tribunal with regard to violation of the principles of natural justice.