COMMISSIONER OF POLICE Vs. CONSTABLE SANJAY KUMAR DUBEY

JUDGEMENT

(1.) The present petition has been filed challenging the Order dtd. 2/8/2016, passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'Tribunal'), in O.A. No. 2802/2013, titled Constable Sanjay Kumar Dubey v. Commissioner of Police & Ors., whereby the learned Tribunal allowed the said O.A. filed by the respondent herein with the following directions

(2.) The genesis of the matter lies in a complaint made by one Shri Chetan Prakash, wherein allegations were levelled against certain officials of the Delhi Police regarding demand and acceptance of illegal gratification, which was stated to have been videographed by him. The said complainant also approached this Court by filing W.P. (Crl.) No. 1897/2005, titled Chetan Prakash v. State 2006:DHC:9900. This Court in the above said writ petition directed a vigilance enquiry to be conducted. Pursuant thereto, a vigilance enquiry was undertaken by the Vigilance Branch of the Delhi Police. During the said enquiry, it was alleged that the respondent, while being posted at P.S Dabri and performing patrolling duty on a government motorcycle bearing No. DL-1SN-4046, was found indulging in corrupt practices of accepting illegal gratification from bootleggers. The said allegation was founded primarily on a Compact Disc (CD), particularly Scene No. 6 thereof, which had been submitted by the complainant, Shri Chetan Prakash, before this Court in the aforesaid writ petition.

(3.) During the vigilance enquiry, Constable Shri Vijay Singh stated that he had viewed the CD and identified the respondent therein as the person accepting the alleged bribe.