RAMESH KUMAR Vs. GOVT OF NCTD & ORS

JUDGEMENT

(1.) These two writ petitions are directed against the common order passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA 1013/2013-preferred by Constable Ramesh Kumar, and OA 993/2014- preferred by Head Constable Ishwar Singh, wherein they had assailed the disciplinary proceedings taken against them and the consequential punishment of dismissal imposed upon them. Enquiry against both the petitioners was a joint enquiry, since the charge against both of them was similar. They were also punished by the common order passed by the Disciplinary Authority.

(2.) The allegation against both the petitioners was that while they were detailed for ensuring proper and safe custody of the Under Trial Prisoner (UTP) Vikas Yadav-who was then charged, inter alia, under Section 302 IPC, they allowed the said prisoner to leave the All India Medical Institute of Medical Sciences on the night of 26/27.11.2011 between 12.45 to 6 am. A detailed joint enquiry was held against the petitioners, wherein they were found guilty by the Enquiry Officer. The discussion of the evidence found in the enquiry report reads as under:-

(3.) The disciplinary authority concurred with the said findings and consequently passed the common order of dismissal against both the petitioners on 14.8.2012. In the said order of dismissal, the Disciplinary Authority recorded as follows:-