PAWAN KUMAR Vs. COMMISSIONER OF POLICE & ORS

JUDGEMENT

(1.) The present petition under Articles 226 and 227 of the Constitution of India assails order dated 27.09.2018 passed by the Principal Bench, Central Administration Tribunal, New Delhi ("Tribunal") in O.A. No. 2244/2013. By way of the impugned order, the Tribunal has dismissed the aforesaid original application, filed by the petitioner/applicant challenging his dismissal from service from the Delhi Police.

(2.) The petitioner was enlisted as a Constable in Delhi Police on 08.11.2005. Vide order dated 13.04.2011, a departmental enquiry was ordered to be held against him, on the allegations of outraging the modesty of a woman and remaining absent from duty. A FIR bearing no. 42/2011 u/s 354/34 of the IPC was also registered against the petitioner and two other police officers at P.S. Civil Lines ("FIR") on the basis of the aforesaid allegation of outraging the modesty of a female Constable.

(3.) In the departmental inquiry held pursuant to the aforesaid order dated 13.04.2011, the petitioner was found guilty of the charges levelled against him. It is the petitioner's case that the departmental inquiry and the conclusions thereof are perverse inasmuch, as, the Inquiry Officer (IO) did not deal with the contentions submitted by him in his defence statement. He, therefore, made a written representation to the Disciplinary Authority, but to no avail, as he was dismissed from service vide order dated 28.08.2012 passed by the said Authority.