RAJ SINGH Vs. COMMISSIONER OF POLICE & ANR

JUDGEMENT

(1.) The petitioner-Raj Singh in this writ petition impugns the order dated 28th October, 2014, whereby OA No.3094/2013 filed by the petitioner has been dismissed by the Principal Bench of the Central Administrative Tribunal, Delhi (Tribunal, for short).

(2.) Learned counsel for the petitioner submits that the enquiry report is based upon assumptions, and the petitioner had released only one scooter number DL-4S-R 1813 as a Malkhana Muharar. On this basis, it cannot be assumed that the petitioner was instrumental in the release of six other vehicles, which were the subject matter of the charge sheet dated 21st November, 2011. He, however, submits that the vehicles were released after the Assistant Commissioner of Police had examined the relevant files and issued written directions for the release. It has also been highlighted that the petitioner was charge-sheeted, but was acquitted by the Judicial Magistrate, Bahadurgarh, Haryana in FIR No.320/1999, registered on 19th December, 1999 under Sections 411/419/420/467/468/471 of the Indian Penal Code, 1860 in Police Station Sadar Bahadurgarh, Haryana.

(3.) At the outset, we may record that the judgment of acquittal dated 5th May, 2007 records that the material witnesses had not been examined by the prosecution. That apart, the case property was not produced before the Court, which had rendered the prosecution version debatable. The petitioner and other accused persons were given the benefit of doubt.