COMMISSIONER OF POLICE Vs. SANJAY KUMAR

JUDGEMENT

(1.) The present writ petition has been filed on behalf of the petitioners under Article 226 read with Article 227 of the Constitution of India against the Order dtd. 28/4/2023 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred as 'Tribunal') in Original Application ('OA') 1909/2018 titled Sanjay Kumar v. Government of NCTD, through the Chief Secretary, Govt. of NCTD and Ors., whereby the learned Tribunal, while partly allowing the OA set aside the Orders dtd. 9/7/2016, and 27/11/2017, by which the petitioner had been dismissed from service and his appeal against the same had also been dismissed, giving directions to the petitioners to reinstate the respondent from the date of his dismissal alongwith all consequential benefits in accordance with law. However, the learned Tribunal granted liberty to the petitioners to initiate the disciplinary proceedings against the respondent in accordance with law.

(2.) In a nut shell, the background of the case is that the respondent/Sanjay Kumar was appointed as a Constable in Delhi Police on 11/9/1989.

(3.) On 3/7/2016, a complaint was made by Mrs. Jyoti w/o Sh. Vijender Singh, r/o M-34, New Mahabir Nagar, New Delhi, alleging that on 3/7/2016, she was at her residence along with her mother-in-law and daughter, while her husband and father-in-law had gone to the office. On the said day at around 12:30 pm, a lady wearing a blue suit alongwith a boy aged about 20 -25 years rang the doorbell of the house and claimed to be conducting a population census. As soon as Ms. Jyoti opened the door of the house, three more men alongwith the lady and boy forcefully entered her house and pointed a pistol (katta) to her head and threatened to shoot her if she made any noise. The group of 5 then proceeded to tie Ms. Jyoti and her mother-in- law, and forcefully snatched the keys of the almirah from her mother-in-law at gunpoint. The robbers then took gold ornaments, Fixed Deposit certificates, cash amounting to Rs.1,32,000.00, title documents of properties, and LIC documents from the said almirah. In pursuance to the complaint, FIR No. 572/2016 dtd. 3/7/2016 u/s 392/394/34 Indian Penal Code was registered at P.S. Tilak Nagar. It is further alleged that during investigation it was revealed that the Respondent was one of the accused persons and he had conspired with co-accused Ajay Chaudhary (Ex DHG) with whom he shared a longstanding relationship since he was his informer during his posting in Crime Branch.