ADDITIONAL COMMISSIONER OF POLICE Vs. JAGBIR SINGH

JUDGEMENT

(1.) HAVING regard to the commonality of the factual backdrop in which a legal issue arises in both these writ petitions, they were heard together and as a necessary consequence we are deciding the same by this common judgment. For the sake of convenience, we shall take note of the facts as they appear in W.P.C No. 4042 of 1997 and claim without any fear of contradiction that the same factual position prevails in the other writ petition as well.

(2.) THE respondent in this writ petition was working as a Constable in Delhi Police. He was placed under suspension w.e.f. 24.03.1987 on the ground that he was involved in a case under the Arms Act. The suspension order was, subsequently, revoked when the order dated 02.11.1989 was passed by the Competent Authority reinstating him in service. According to the petitioner- department, the respondent refused to receive letter dated 02.11.1989 vide which he was ordered to join the duty. On this basis charge-sheet was served against him on the ground that:

(3.) THE learned Tribunal has, vide its judgment dated 25.06.1997, accepted the contentions of the respondent and allowed the OA. While setting aside the punishment orders, the following directions have been given by the Tribunal: