COMMISSIONER OF POLICE Vs. RAM NIWAS AND ANR.

JUDGEMENT

(1.) A departmental enquiry was initiated against the Petitioner for unauthorized absence from duty while he was working in the Foreigners Regional Registration Office (in short "FRRO"). Thereafter, the Petitioner was transferred to the Third battalion, Delhi Police and pursuant to an enquiry held, the FRRO acting as disciplinary authority, vide its order dated 14th October, 1992 awarded the punishment of dismissal from service to the Respondent No. 1. On appeal the Appellate Authority vide its order dated 20th April, 1993 set aside the order the FRRO on the ground that it ceased to be the disciplinary authority after the Respondent No. 1 reported for duty in Delhi Armed Police (in short DAP), Third battalion and directed that the findings of the Enquiry Officer be forwarded to the Deputy Commissioner of Police/III Bn. DAP Delhi along with Disciplinary Authority for passing appropriate orders. The Respondent No. 1 was reinstated and subsequent thereto the Deputy Commissioner of Police, Third battalion after considering the entire material, while acting as the disciplinary authority dismissed the Respondent No. 1 from service by an order dated 28th November, 1994. His appeal/revisions to the Appellate Authority, the Revisionary Authority and the Lt. Governor were rejected.

(2.) CHALLENGING the orders of disciplinary authority dated 28th November, 1994 and the Appellate Authority dated 8th November, 1995, the Respondent herein filed an application before the Central Administrative Tribunal being OA No. 2118/1999. The Tribunal allowed the application on 1st February, 2001 in the light of its earlier decision rendered in the case of Union of India and Ors. v. Constable Braham Prakash and Ors. in OA No. 2598/1996. It allowed the application to the extent that the order initiating disciplinary proceedings, Inquiry Officer 's report, the disciplinary authority 's order as well as appellate authority 's order and the revisional authority 's order were quashed and set aside. The Tribunal also remanded the matter to the Commissioner of Police for entrustment of the departmental enquiry to the competent authority from the stage of issue of the summary of allegations.

(3.) THE Petitioner impugns the order dated 1st February, 2001 of the Tribunal before us.