Central Administrative Tribunal - Delhi
Karam Vir vs Govt. Of Nctd on 30 August, 2022
1
O.A. No. 3927/2016
Item No. 40
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 3927/2016
This the 30th day of August, 2022
Hon'ble Mr. R N Singh, Member (J)
Hon'ble Mr. Tarun Shridhar, Member (A)
Karamvir Singh, No. 7854/DAP
Aged about 53 yrs, Group C/Dismissal, HC
(PIS No. 28840551) S/o Late Sh. Fateh Singh
R/o H.No. 468, New Prem Nagar Village MCD Colony
Samay Pur Badli, New Delhi
...Applicant
(By Advocate: Mr. S.N. Sharma)
Versus
1. Govt. of NCT Delhi through, the Chief Secretary,
Old Secretariat, New Delhi.
2. The Commissioner of Police, Police Head Quarters,
I.P. Estate, New Delhi.
3. The Addl. Commissioner of Police, Armed Police, Delhi.
4. The Deputy Commissioner of Police,
III Bn. DAP, Vikas Puri, New Delhi.
...Respondents
(By Advocate: Mr. Sameer Sharma)
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O.A. No. 3927/2016
Item No. 40
O R D E R (ORAL)
Hon'ble Mr. R. N. Singh, Member (J):
In the present O.A., filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has challenged the order dated 14.04.2016 (Annexure A-1) passed by the disciplinary authority awarding the penalty of dismissal from service by invoking the provisions of Article 311 (2) (b) of the Constitution of India. The applicant has also challenged the order dated 12.08.2016 (Annexure A-2) passed by the appellate authority rejecting the applicant's appeal.
2. The applicant has prayed for the following relief(s):-
" (a) Directing the respondents to place the relevant records pertaining to the present OA before the Hon'ble Tribunal for proper adjudication.
(b) To quash and setting aside the impugned orders dt. 14.04.16 (Annexure A/1) issued by the disciplinary authority dismissing the applicant from services under article 311 (2) (b) of the Constitution of India & the order dt. 22.08.16 (Annexure A/2) issued by the appellate authority rejecting the appeal of the applicant with all other consequential benefits namely reinstatement in services with fully back wages, seniority, promotion etc.
(c) Allowing the present OA of the applicant with costs.
(d) Any other fit and proper relief may also be granted."3 O.A. No. 3927/2016 Item No. 40
3. On perusal of the order dated 14.04.2016, it transpires that the applicant was involved along with one Constable Sita Ram in case FIR No. 194/2016 dated 11.04.2016 under Sections 223/224/34 of the Indian Penal Code registered with Police Station, Bawana, Delhi.
4. The departmental preliminary inquiry conducted by the authorities under the respondents revealed that due to sheer negligence on the part of the escort guard, UTP Deepak Dabas, who was handcuffed by the applicant, In- charge Escort Guard, which was also in violation of the guidelines of the Hon'ble Supreme Court, managed to wriggle out his hand from the handcuffs and finally escaped from the custody.
5. The disciplinary authority has given a finding that the acts and conduct of the applicant clearly demonstrate gross misconduct which is unbecoming of a police officer and in such facts and circumstances the disciplinary authority has inflicted the penalty of dismissal from service upon the applicant by invoking the provisions of Article 311 (2) (b) of the Constitution of India. The applicant filed a statutory appeal against the order of the D.A. which, however, was rejected by the A.A. vide impugned order dated 12.08.2016 4 O.A. No. 3927/2016 Item No. 40 without dealing with any of the grounds raised by the applicant in his appeal.
6. Pursuant to notice from this Tribunal the respondents have filed counter reply.
7. Learned counsel for the applicant submits that the issue involved in the present O.A. is squarely covered by a common Order/Judgment of this Tribunal in O.A. No. 1383/2020 dated 10.02.2022 titled Ct. Sumit Sharma Vs. Govt. of NCT of Delhi & Others, etc.
8. Learned counsel appearing for the respondents does not dispute the contentions of the learned counsel for the applicant that the claim of the applicant in the present O.A. is squarely covered by the judgment of this Tribunal in Ct. Sumit Sharma (Supra). Para 48 of the Order/Judgment in Ct. Sumit Sharma Vs. Govt. of NCT of Delhi & Others reads as under:-
"48. In view of the aforesaid, we are of the considered view that the aforesaid OAs deserve to be partly allowed and the same are partly allowed with the following directions:
(i) Order(s) passed by the disciplinary and appellate authorities in the aforesaid OAs are set aside with all consequential benefits to the applicants in accordance with the relevant rules and law on the subject; and
(ii) However, the respondents shall be at liberty to initiate disciplinary proceedings against the applicant(s) in accordance with the law."5 O.A. No. 3927/2016 Item No. 40
9. In view of the aforesaid admitted position, the present O.A. is also partly allowed with the following directions:-
(i) Order(s) passed by the disciplinary and appellate authorities in the aforesaid OA are set aside with all consequential benefits to the applicant in accordance with the relevant rules and law on the subject; and
(ii) However, the respondents shall be at liberty to initiate disciplinary proceedings against the applicant in accordance with the law.
10. In the facts and circumstances of this case, there shall be no order as to costs. Pending M.A., if any, stands disposed of accordingly.
(Tarun Shridhar) ( R N Singh )
Member (A) Member (J)
/dd/