COMMISSIONER OF POLICE AND ORS. Vs. RAVINDER SOLANKI

JUDGEMENT

(1.) The learned counsel for the petitioner, Govt. of NCT of Delhi submits that impugned order dated 01.10.2015 in OA No. 1942/2012 titled Ravinder Solanki vs. Commissioner of Police & Ors. is erroneous as the Tribunal has exceeded its power of judicial review in re -appreciating the evidence and has reversed the factual findings and conclusion drawn in the disciplinary proceedings. He submits that the Tribunal has ignored the statements made by Sh. Mahak Singh, PW1, and Smt. Rambiri, PW2, before the Inquiry Officer and the statements of Rajpal Singh, PW3 and Iqbal Singh, PW4 recorded by Head Constable Jagdish, PW9,who had conducted the preliminary enquiry.

(2.) We have considered the said contentions but find that this is not a case where the Tribunal has exceeded and erroneously exercised its power of judicial review. The Tribunal has noticed errors and faults in the decision making process that had effected the finding and conclusion recorded by the Disciplinary Authority in his order dated 28.01.2011, imposing penalty of removal from service with immediate effect. The Appellate order dated 11.11.2011 passed by the Additional Commissioner of Police confirmed the findings and the penalty.

(3.) The charge against the respondent, Constable (Driver) Ravinder Solanki was that he had given wrong information at the time of enlisting and joining the service, as he had produced a fake age certificate. In fact, he was overage on the date he was enlisted, i.e., on 19.12.2008.