Central Administrative Tribunal - Delhi
Pankaj Rana vs Commissioner Of Police on 10 November, 2025
1
Item No. 46 (C-2)
O.A. No. 4409/2024
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 4409/2024
This the 10th day of November, 2025
Hon'ble Mr. R.N. Singh, Member (J)
Hon'ble Shri B. Anand, Member (A)
Pankaj Rana Age:34
S/o Sh. Kaptan Singh Rana
R/o H. No.1065, MTNL Office
M C Boys Pry School, Bijwasan, New Delhi
... Applicant
(By Advocate: Mr. Neeraj Kumar Yadav)
Versus
1. Union of India through Secretary,
Government of India, Ministry of Home Affairs,North
Block, New Delhi -·110001
2. Commissioner of Police, MSO Building, Police
Headquarters, Indraprastha Marg, ITO, Delhi-
110002
3. Deputy Commissioner of Police (Communication),
Shalimar Bagh, Delhi, 110088.
... Respondents
(By Advocate: Mr. Abhishek Raj)
2
Item No. 46 (C-2)
O.A. No. 4409/2024
O R D E R (ORAL)
Hon'ble Mr. R.N. Singh, Member (J)
1. In the present O.A. filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant is aggrieved by the action of the respondents in going ahead with the departmental proceedings against the applicant on the basis of allegation and such allegations are also the basis for prosecution of the applicant in the criminal case vide FIR No. 0043 dated 16.01.2024 registered with the PS Kapashera, Delhi, under Section 498A, 406, 506, 323, 34, 377, 376D and 354 of the IPC.
2. Learned counsel for the applicant submits that the allegations against the applicant in both the proceedings, that is, the impugned departmental proceedings and also the aforesaid case FIR are identical, such allegations are proposed by the respondents to be proved on common witnesses and through common documents. Learned counsel further submits that if the impugned proceedings are allowed to be continued, the applicant will have to disclose his defense which is likely to adversely and irreparably prejudice his defense in the aforesaid FIR. 3 Item No. 46 (C-2) O.A. No. 4409/2024 Learned counsel further submits that the applicant has preferred a representation before the respondents seeking a stay of the departmental proceedings, however, neither the departmental proceedings were stayed nor the representation of the applicant was disposed of by the respondents. Thus, the present O.A. was filed by the applicant. Learned counsel submits that the Tribunal vide an interim order stayed the proceedings and such interim order is still continuing.
3. Learned counsel for the respondents, on the other hand, referring to the assertions made by the respondents in the counter reply filed on their behalf has vehemently opposed the claim of the applicant. He submits that in view of the settled law position, departmental proceedings and criminal proceedings can go ahead simultaneously as the nature and witnesses required in both the proceedings are required to be at different level. However, he does not dispute that the applicant has preferred a representation seeking a stay of the departmental proceedings and such representation has not been considered and disposed of by the respondents. Of course, he submits that the copy of the representation 4 Item No. 46 (C-2) O.A. No. 4409/2024 referred to by the learned counsel for the applicant has not been placed on record.
4. In light of the aforesaid facts and circumstances and without going into the merits of the case, the present O.A. is disposed of with the following directions:-
i. The applicant shall supply a copy of the aforesaid representation to the competent authority amongst the respondents within a week from today. The applicant shall also be at liberty to make a supplementary representation, if he is so advised within the time stipulated herein.
ii. The competent authority amongst the respondents
shall consider the applicant's such
representation/supplementary representation, if any, and dispose it of by way of a reasoned and speaking order keeping in view the relevant rules and instructions on the subject and serve a copy thereof to the applicant in due acknowledgement thereto. iii. The interim order passed in the matter shall continue till service of the order which may be passed by the 5 Item No. 46 (C-2) O.A. No. 4409/2024 respondents on the applicant's representation/supplementary representation. iv. However, in the facts and circumstances, there shall be no order as to costs.
(B. Anand) (R.N. Singh)
Member (A) Member (J)
/dd /