COMMISSIONER OF POLICE Vs. MOHINDER SINGH

JUDGEMENT

(1.) This petition arises out of order dated 25th March, 2008 passed by the learned Central Administrative Tribunal whereby the learned Tribunal has quashed the order dated 1st April, 2005 of the Disciplinary Authority inflicting punishment of withholding one year increment and treating the suspension period as not spent on duty.

(2.) The Respondent was working as Assistant Sub-Inspector (ASI) in Delhi Police and was posted at round about, GK Post Office on 10th November, 2003. The Hon'ble Prime Minister was returning from Hyderabad House to his residence at Race Course Road and had to cross the round about of GK Post Office where barricades were put. The Respondent was supposed to remove the barricades for unobstructed passage to the cavalcade of the Hon'ble Prime Minister. However, there was some delay in removal of the barricades and by that time, the SPG pilot car reached the barricade and the Inspector, Rajesh Prasad and Constable, Yogender of SPG came out of the vehicle when the barricades were removed by the Respondent.

(3.) A departmental inquiry was initiated against the Respondent on the charge that the cavalcade of the Hon'ble Prime Minister came to a halt as a result of which great inconvenience and immense embarrassment was caused to the police force by his negligence and carelessness due to the above lapse on his part in performing his official duties. The Inquiry Officer conducted the inquiry and came to the conclusion that the cavalcade of the Prime Minister did not stop at the round about GK Post Office but the pilot car had to stop and the occupants of the car had to come out when the barricades were removed. The Inquiry Officer further observed that the Respondent did not take sufficient precautions while removing the barricades. The Disciplinary Authority inflicted the punishment of withholding of increment of one year and treating the period of suspension from 10th November, 2003 to 21st April, 2004 as not spent on duty.