Delhi High Court - Orders
Commissioner Of Police & Ors vs Dharambir Singh on 1 November, 2022
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva, Tushar Rao Gedela
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15073/2022 & CM APPL. 46561-62/2022
COMMISSIONER OF POLICE & ORS. ..... Petitioners
Through: Mrs. Avnish Ahlawat, Standing
Counsel with Mr. Nitesh Kr. Singh,
Mrs. Palak Rohmetra, Ms. Laavanya
Kaushik and Ms. Aliza Alam,
Advocates for Delhi Police
versus
DHARAMBIR SINGH ..... Respondent
Through: Mr. T.N. Tripathi and Mr. Saurabh
Tripathi, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 01.11.2022
1. Petitioners impugn order dated 20.07.2022 whereby the Original Application filed by the respondent has been allowed and order of removal of the respondent, in exercise of powers under Article 311 (2) of the Constitution of India, has been set aside with all consequential benefits to the respondent, though liberty has been granted to the petitioners to initiate appropriate disciplinary proceedings in accordance with law.
2. Learned counsel for the petitioners submits that the Tribunal has erred in holding that the action has been taken because of the involvement of the respondent in an FIR. She submits that respondent being a Constable (Executive) of the Delhi Police had absented from duty and had gone on sanctioned leave of one day on 19.08.2013 and Signature Not Verified Digital Signed By:KUNAL MAGGU W.P.(C) 15073/2022 1 Signing Date:04.11.2022 12:11:09 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
did not report back for duty and remained unauthorizedly absent till the order of removal was passed. She submits that even proceedings under Section 82 & 83 Cr. P.C. were initiated against the respondent by the concerned criminal court where the FIR was registered against the respondent, inter-alia, under Section 302 of the IPC.
3. Issue notice. Notice is accepted by learned counsel appearing for the respondent.
4. List for consideration on 19.05.2023.
5. In the meantime, operation of order dated 20.07.2022 shall remain stayed.
6. Order dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J TUSHAR RAO GEDELA, J NOVEMBER 1, 2022 'rs' Signature Not Verified Digital Signed By:KUNAL MAGGU W.P.(C) 15073/2022 2 Signing Date:04.11.2022 12:11:09 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.