EX CONSTABLE TIKA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER through this Writ Petition assails the order dated 30. 11. 2000 passed by Central Administrative Tribunal (hereinafter referred to as 'the tribunal') in OA No. 1089/2000. The Tribunal while dismissing the OA of the petitioner against the penalty of dismissal from service, held that petitioner had admitted the factum of recovery of currency. Further that the orders passed by the Disciplinary Authority and report of the Enquiry Officer took into account and dealt with all the contentions raised by the petitioner. The tribunal declined to interfere with the orders of dismissal from service.

(2.) BEFORE considering the grounds raised by the petitioner, facts culminating into the filing of the petition may be noted briefly.

(3.) LEARNED Senior Counsel Mr. G. D. Gupta, appearing on behalf of the petitioner while assailing the judgment of tribunal and findings of enquiry officer, submitted that there has been violation of Rule 15 (2) of Delhi Police (Punishment and Appeal) Rules 1980 and Departmental Enquiry was ordered without obtaining the prior approval of Additional Commissioner of Police. He further submitted that the finding of guilt against the petitioner was perverse and there was no evidence proving the misconduct or obtaining illegal gratification from passengers. It was further submitted that no evidence of any passenger is available on record to prove the demand and receipt of illegal gratification. He also contended that there has been discrepancy with regard to the amount of foreign currency found in the search.