DEPUTY COMMISSIONER OF POLICE v. EX. CONSTABLE SHAKROO KHAN
2000-04-18
body2000
DigiLaw.ai
R. S. SODHI, J. ( 1 ) THE petitioner is aggrieved of the judgment and order of the Central Administrativetribunal, Principal Bench, New Delhi (for short the Tribunal ) dated 24/05/1999 ino. A. No. 2016 of 1998, whereby the Tribunal, following its earlier order dated 8/04/1999, in O. A. No. 2117 of 1998, Karan Singh and others Vs. Union of India,has disposed of the O. A. in terms thereof and set aside the dismissal of respondentno. 1 while directing him to be reinstated with 50 per cent back wages. ( 2 ) BRIEF facts of the case are that respondent No. 1, a constable in Delhi Police,was dealt with under the provisions of the Delhi Police (Punishment and Appeals)Rules 1980 vide Order No. 2923-37/hap-North dated 10/06/1994 on the allegationthat he absented himself from duty unauthorisedly for the following period: ( 3 ) THAT since the above act of respondent No. 1 amounted to gross misconduct,serious negligence and dereliction in discharge of duty and unbecoming a memberof disciplinary force, rendered himself foe disciplinary action. A regular departmentalinquiry was ordered against him and entrusted to Mr. Raj Singh, SHO, vide Officeorder No. 2923-37/hap-North dated 10/06/1994. The Enquiry Officer, uponcompletion of the inquiry, submitted his finding holding respondent No. 1 guilty of thecharge. The disciplinary authority, after complying with the requisite formalities,passed an order of dismissal of respondent No. 1 from service dated 13/06/1996. The respondent filed an appeal against the order of dismissal which wasrejected by the appellate authority vide order dated 17/06/1996 which order wastaken up in revision and rejected vide order dated 28/07/1998. Feeling aggrievedthereof, respondent No. 1 moved the Tribunal by way of O. A. No. 2016 of 1998 whichwas, in turn, disposed of by the Tribunal s order dated 24/05/1999 following itsearlier order in O. A. No. 2117 of 1998, Karan Singh \/s. Union of India, as alreadstated. ( 4 ) SINCE the only point in issue has already been decided by us today in our orderin C. W. No-4883 of 1999 Deputy Commissioner of Police Vs. Ex. Constabiekaran Singh and Anr. this petition is also disposed of in terms thereof.