COMMISSIONER OF POLICE Vs. RAM KISHAN

JUDGEMENT

(1.) The petitioner has filed the present petition under Articles 226 & 227 of the Constitution of India for quashing the order dated 18.02.2015 passed by the Central Administrative Tribunal.

(2.) The respondent herein was posted at the PCR Van. He was placed under suspension on the ground that he had kept a forged log-book for his private motorcycle and procured petrol from Delhi Police Petrol Pump located at Shahdara on the basis of which act forged vouchers were repeated 8 to 9 times. A criminal case was registered against him under Sections 420/411 of the Indian Penal Code vide FIR No. 348/96 dated 16.07.1996 at Police Station Shahdara, Delhi. Simultaneously, a regular departmental enquiry was also initiated against the respondent by an order dated 12.08.1996. The proceedings initiated against the respondent culminated with an order no. 19486-510/HAP (P-II)/PCR dated 25.09.1998 passed by the disciplinary authority imposing upon him the penalty of withholding of next increment for a period of two years with cumulative effect. Also, the period during which the applicant remained under suspension was treated as not spent on duty. In the criminal case, the learned trial court found the respondent guilty and sentenced him to Rigorous Imprisonment for three years each for the offence under Section 411 of the Indian Penal Code as well as Section 420 of the Indian Penal Code as also a fine of Rs. 5,000/- for offence under Section 420 of the Indian Penal Code. In the event of default in payment of fine, he was to undergo further Simple Imprisonment for six months. The appeal preferred by the applicant against the order of the learned trial court was partially allowed to the extent that the respondent was found guilty for the offence under Section 411 of the Indian Penal Code and was let off with the imprisonment already undergone with fine of Rs. 5,000/- and Simple Imprisonment of two months in the event of default in payment of the fine. For the offence under Section 420 of the Indian Penal, the penalty was reduced to that of imprisonment already undergone and fine of Rs. 10,000/- with further Simple Imprisonment for four months in the event of non payment of fine. Subsequent to the passing of the order of learned trial court, the disciplinary authority passed office order no. 3299- 3367/HAP/SED (P-1) dated 16.05.2012 dismissing the respondent from service. An appeal preferred against the penalty order was rejected vide office order no. 4504-08/SO/SER (AC-II) on 06.12.2012 and corrigendum no. 4621-25/SO/SER (AC-II) dated 17.12.2012. The respondent filed an OA which was allowed by the Central

(3.) The learned counsel for the petitioner submits that the Central Administrative Tribunal has failed to appreciate that Rule 11 (1) of the Delhi Police (Punishment and Appeal) Rules, 1980 (hereinafter referred to as Rule 11) would come into play only after the passing of the judgment by the learned trial court.