V JAYAPALAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) PETITIONER has filed the present writ petition under Articles 226 and 227 of the Constitution of India seeking quashing and setting aside of the order dated 10th February, 1998 passed by Respondent No. 3, Deputy commissioner of Police as well as the appellate order dated 22nd July, 1998 passed by Respondent No. 2, Addl. Commissioner of Police and the Central administrative Tribunal"s judgment and order dated 14th March, 2001 to the extent that it has declined pay and allowances to the Petitioner for the period 8th January, 1988 to 26th July, 1996. The Petitioner has further prayed for full back wages for the period 16th June, 1986 to 26th July, 1996 i. e. the period of suspension and deemed suspension together with interest at the rate of 24 per cent per annum. The Petitioner has also prayed for release of all consequential benefits like seniority, promotion, leave etc.

(2.) BRIEFLY stated the material facts for this case are that the petitioner who was a Constable in Delhi Police was arrested on 13th June, 1986 in a criminal case registered against him under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 vide FIR No. 211 of 1986. On 11th August, 1987, the Petitioner was convicted by the trial court and sentenced to undergo 10 years" rigorous imprisonment with a fine of rupees one lacs. Consequently, on 8th January, 1988 the Petitioner was dismissed from service by Respondent No. 3.

(3.) ON 6th January, 1989, the Petitioner was acquitted in the above mentioned criminal case by this Court. The learned Single Judge held that it was not proved beyond shadow of doubt that the Petitioner had committed the said offence.