COMMISSIONER OF POLICE Vs. BRIJ PAL SINGH

JUDGEMENT

(1.) THE only issue that we are required to consider is whether, notwithstanding the proviso to Rule 11 (1) of the Delhi Police (Punishment and Appeal) Rules, 1980 (for short the Rules) a police officer can be dismissed or removed from service during the pendency of a first appeal against an order of conviction and sentence.

(2.) WITH the consent of learned counsel for the parties, we heard submissions on this issue arising out of O. A. No. 544/2006 decided by the central Administrative Tribunal, Principal Bench, New Delhi on 9th March, 2007 in a batch of connected original applications. It was agreed that WP (C)No. 1044/2008 be treated as the main case.

(3.) FOR facility of reference Rule 11 (1) of the Rules and its proviso read as follows:-