(1.) WITH the consent of the learned counsel for the parties this writ petition is taken up for hearing.
(2.) THIS writ petition challenges the judgment of the Central administrative Tribunal (hereinafter referred to as "the Tribunal") dated 3rd October, 2007 allowing the OA filed by the respondent herein Constable dayanand, who was a driver in Delhi Police. The allegation against the appellant arose from an incident where certain allegations were made against the respondent upon the recovery of the gold ornaments from his person, while chasing certain robbers. The question involved in the OA in fact relates to the dispensation of the departmental inquiry under Article 311 (2) (b) of the Constitution of India. The said provision of the Constitution reads as follows:
(3.) THE reasoning by the respondent No. 3, the Deputy Commissioner of police, Police Headquarters for invoking the above provision of the constitution reads as follows: