RAJENDRA KUMAR Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) CONSTABLE Rajender Kumar, the petitioner herein, faced a joint departmental inquiry with his co-delinquent Constable Virender Kumar on the following charge:

(2.) THE Inquiry Officer in his report dated 25th January, 2006 held that the charge against both the Constables stood substantiated. The Deputy commissioner of Police, South District, New Delhi, after following due procedure, vide order dated 19th April, 2006 inflicted upon the petitioner and the co-delinquent punishment of forfeiting three years' approved service permanently, entailing reduction in their pay from Rs. 4240/- to Rs. 3965/-per month and Rs. 4050 to Rs. 3795 respectively. The appeal carried against the order of the disciplinary authority was dismissed by the appellate authority vide order dated 23rd August, 2006.

(3.) IN OA No. 468/2007 preferred before the Tribunal it was contended on behalf of the petitioner that the. inquiry conducted by the ACP (Vigilance)Shri R. S. Chauhan was preliminary inquiry as envisaged under Rule 15 (2)of the Delhi Police (Punishment and Appeal) Rules, 1980 (hereinafter for brevity's sake referred to as the Rules) and inasmuch as the preliminary inquiry disclosed commission of cognizable offence by a police officer of a subordinate rank in his official relations with the public, departmental inquiry could be ordered after obtaining prior approval from the Additional commissioner of Police concerned as to whether a criminal case should be registered and investigated or a departmental enquiry should be held. It was urged that no approval as envisaged under sub-rule (2) of Rule 15 was accorded by the Additional Commissioner of Police and that being so the entire proceedings culminating into the impugned orders would be vitiated and deserve to be set aside. In support of this contention reliance was placed on the decision of the Tribunal in the matter of Ravinder Singh v. Government of NCT of Delhi and Another (OA NO. 1125/2004 decided on 15. 10. 2004) which was affirmed by a Division Bench of this Court in wp (C) 2964/2005 (Deputy Commissioner of Police v. Ravinder Singh, decided on 23rd March, 2005 ). The Tribunal, however, following two full bench judgments of the Tribunal in Ranvir Singh and Another v. Government of NCT of Delhi and Others (OA Nos. 340/2004 and 1613/2004 decided on 10. 5. 2005) and Constable Gyanender v. Government of NCT of Delhi and Others (OA 2425/2006 decided on 22. 8. 2007) held that the spot inquiry made by the Additional Commissioner of Police-Vigilance on which his report was based would not partake the character of a preliminary inquiry as envisaged under Rule 15 (1) of the Rules and consequently the argument of violation of Rule 15 (2) was rejected. The order of the Tribunal is impugned in the present petition.