JEETU WEDE Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) In This Writ Petition, Impugns The Order Dated 17th Dec., 2015, Whereby Oa No. 2360/2014 Filed By Him Has Been Dismissed By The Principal Bench Of The Central Administrative Tribunal (Tribunal, For Short).

(2.) The petitioner had joined the Delhi Police as a Constable on 15th July, 1996. His services were terminated by the order dated 28th Feb., 1997, passed by the Additional Deputy Commissioner of Police, West District, for having concealed his involvement in FIR No.37/1992 registered under Sections 147/148/149/302/323/34 of the Indian Penal Code, 1860 at Police Station Ambajogai, Maharashtra. The petitioner was acquitted in the said FIR vide judgment of the Additional Sessions Judge, Ambajogai dated 19th April, 1995. Against the aforesaid order of termination, the petitioner made a representation to the Appellate Authority- the Commissioner of Police on 20th April, 1997, to which he did not receive any response. The petitioner had then filed OA No.713/1998, which was disposed of by order dated 22nd April, 1998, directing the authorities to dispose of the petitioner's representation against the termination order by a speaking and reasoned order within one month. The petitioner submitted other representations on 17th June, 1998 and on 13th July, 1998. Consequent to the representations, the Additional Deputy Commissioner of Police, West District, New Delhi vide the order dated 24th Aug., 1998 issued directions for reinstatement of the petitioner as a temporary Constable and that the intervening period, i.e. from the date of termination of service on 28th Feb., 1997 till 24th Aug., 1998, would be treated as period spent on duty. Simultaneously the Commissioner of Police issued Memorandum dated 20th July, 1998 which was followed by the Memorandum dated 17th Aug., 1998 from the Police HQ directing that departmental enquiry be initiated against the petitioner. By the order of the Additional DCP, West dated 27th Jan., 1999 departmental proceedings were initiated against the petitioner on account of misconduct, negligence and concealment of facts at the time of recruitment. Charge sheet was issued, enquiry officer appointed submitted his report and the disciplinary authority thereafter vide order dated 9th Sept., 1999, imposed penalty of withholding of two increments for two years without cumulative effect. The penalty order attained finality, as no appeal was preferred by the petitioner.

(3.) After about 14 years, vide order dated 22nd May, 2013, services of the petitioner were terminated again on the ground the petitioner had made a wrong declaration by concealing his involvement in a criminal case at the time of induction. Reference was made to the petitioner's involvement in FIR No. 32/1992, Police Station Ambajogai, in which he was acquitted by the Sessions Court vide judgment dated 19th April, 1995. This order refers to the directions given by the Lieutenant Governor while deciding the mercy petition/representation filed by one Vikas Kumar, a former Constable in Delhi Police, whose services had been terminated vide order dated 23rd April, 1997 under Rule 5(1) of the CCS (Temporary Service) Rules, 1965 for concealment of facts at the time of recruitment. The Lieutenant Governor while dealing with the representation/mercy petition of Vikas Kumar had observed:-