Central Administrative Tribunal - Delhi
Ravi Dutt vs Comm. Of Police on 5 December, 2022
1
O.A. No. 2765/2018
M.A. No. 2884/2022
Item No. 34
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 2765/2018
M.A. No. 2884/2022
This the 5th day of December, 2022
Hon'ble Mr. Ashish Kalia, Member (J)
Hon'ble Mr. Chhabilendra Roul, Member (A)
Ravi Dutt Group „C‟
Constable in Delhi Police
PIS No.28901341
Aged about 48 Years
Slo Late Ram Rattan Sharma
R/o 11232, Roop Nagar, Delhi-7
..Applicant
(By Advocate: Mr. Anil Singal)
Versus
1. Union of India
Through its Secretary,
Ministry of Home Affairs
North Block, New Delhi
2. Commissioner of Police,
PHQ, IP Estate, New Delhi.
3. DCP (Establishment).
PHQ, IP Estate, New Delhi.
.. Respondents
(By Advocate: Mr. Amit Yadav)
2
O.A. No. 2765/2018
M.A. No. 2884/2022
Item No. 34
O R D E R (ORAL)
Hon'ble Mr. Ashish Kalia, Member (J):
The present O.A. has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, praying for the following reliefs:
"1. To call for the records and quash and set aside the impugned order dt.13.6.2018 including MHA's letter dt.7.3.2018 on the basis of which Order dt.13.6.2018 was issued and direct the respondents to restore the allowances and benefits being given to the applicant in lieu of Police Medal to the applicant with all consequential benefits.
2. To award costs in favor of the applicant and
3. To pass any order or orders which this Hon'ble Tribunal may deem just & equitable in the facts & circumstances of the case."
2. The brief facts of the case are that on the basis of MHA‟s letter dated 07.03.2018, the impugned order dated 13.06.2018 was issued whereby the allowances and benefits being given to the applicant in lieu of Police Medal were stopped on the ground of pendency of criminal case FIR No. 104/2013. The disciplinary enquiry (DE) initiated against the applicant on the allegations mentioned in FIR No. 104/2013 vide order dated 04.01.2016 in which he has been exonerated vide order dated 10.07.2017.
2. Vide M.A. No. 2884/2022, learned counsel for applicant placed on record a copy of order dated 15.09.2002 passed by the Hon‟ble High Court of Delhi, whereby the FIR 3 O.A. No. 2765/2018 M.A. No. 2884/2022 Item No. 34 Nos.105/13 and 104/13 have been quashed; paragraph (8) thereof reads as under:
"8. Accordingly, the petition is allowed. Consequently, FIR No.105/2013 under Sections 354B/452/509/323/34 IPC registered at PS Roop Nagar, Delhi and FIR No. 104/2013 under Sections 308/452 IPC, registered as PS Roop Nagar, Delhi and the proceedings emanating therefrom are quashed subject to payment of costs of Rs. 10,000/- each by Ms. Shikha Sharma and Mr. Shiva Sharma which will be deposited with Lawyers‟ Welfare Fund, Delhi Bar Association of Tis Hazari Court, Copy of which will be handed over to IO within one week from today. Pending application(s), if any, also stands disposed of."
3. In view of this, the present OA is allowed. The respondents may re-consider their decision for grant of Police award to the applicant in accordance with the relevant rules and regulations.
4. MA No. 2884/2022 is disposed of accordingly.
( Chhabilendra Roul ) ( Ashish Kalia )
Member (A) Member (J)
/anjali/