Central Administrative Tribunal - Delhi
Shri R.K. Ojha (D-1/819) Inspector In ... vs Govt. Of Nct Of Delhi (Through Chief ... on 22 September, 2006
ORDER Shanker Raju, Member (J)
1. Heard the counsel for the parties.
2. By virtue of this OA, Applicant has assailed an order dated 3.5.2005 passed by the respondents whereby a departmental enquiry has been initiated against him on the allegation that while posted as SHO, Tilak Nagar, he has tried to minimize the offence and also for not taking any preventive action.
3. A representation preferred by the applicant to drop the proceedings was rejected by the respondents. Therefore, the applicant has challenged the enquiry.
4. At the outset, learned Counsel of the applicant has produced before us the orders passed by the DCP, West District on 26.8.2006 in respect of disciplinary proceedings against SI Ishwar Singh and ASI Sahib Singh where they have been alleged to have minimize the offence in the same incident and their failure to take preventive measures. We directed the learned Counsel of the respondents on 1.9.2006 to seek instructions on the aforesaid orders. On instructions, it has been apprised to us that this particular point of view would have to be gone into by the administrative authorities.
5. Without expressing any opinion on the merits of the case, we observe that once the thrust of charges against immediate subordinate officials on the charges of minimizing the offence has not been established as well as charge of not taking any preventive action, we, in the interest of justice, remand this case back to the Special Commissioner of Police (Training) to reconsider the request of the applicant for dropping the DE in the context of the order passed by the DCP, ibid, in respect of the co-defaulters. This consideration would culminate into reasoned and speaking order to be passed, within a period of six weeks from the date of receipt of a copy this order. Till then, the enquiry shall not be proceeded against the applicant. If the applicant is still aggrieved, it shall be open to him to revive this OA.
6. With the above observations, the OA stands disposed of. No costs.