COMMISSIONER OF POLICE Vs. ASHWANI KUMAR

JUDGEMENT

(1.) The Commissioner of Police has in this petition challenged an order dated 7th October, 2016 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (CAT) disposing of OA No. 217/2016 filed by the Respondents herein directing that they would remain under suspension and that the Petitioners will take a decision regarding the revocation or continuation of the suspension. It was further directed that the Petitioners herein would be at liberty to proceed against the Respondents departmentally as per the Rules and that the treatment of the suspension period will depend on the same.

(2.) The aforementioned O.A. No. 217/2016 was filed by the six Respondents. The Respondent No.1 is an Assistant Sub Inspector (ASI) (Executive), Respondent No. 2 is a Head Constable (HC) and the remaining Respondents are Constables (Executive). They were part of the Outstation Command of the Delhi Police. On the allegation that they provided undue facilities to an under-trial prisoner (UTP), Mr. Manoj Kumar Bakkarwala, while performing the duty of producing him before a criminal court at Agra, Uttar Pradesh (UP), the Deputy Commissioner of Police (DCP), by an order dated 31st August, 2015 removed all the Respondents from service, invoking Article 311 (2) (b) of the Constitution.

(3.) The said order noted that in the evening of 27th August 2015, TV channels aired a video clipping showing all the Respondents in a shoe shop in Agra facilitating the UTP in buying shoes, ignoring the instructions in Standing Order No. 52/2008 of the Delhi Police. The Respondents were seen "embarrassed and speechless when confronted by media persons in the shop." The order concluded that "their malafide in this act stood proved and their omissions and commission has not only sent a wrong message amongst the public as well as other sincere and dedicated personnel of the force. This is a gross violation of all rules and regulations, and a conduct unbecoming a police personnel."