Central Administrative Tribunal - Delhi
Ex. Si (Executive) Rajeshwar Prashad vs Gnct Of Delhi Through on 1 October, 2008
Central Administrative Tribunal Principal Bench OA No. 2157/2008 New Delhi, this the 1st day of October, 2008 Honble Mr. Justice V.K. Bali, Chairman Honble Dr. Ramesh Chandra Panda, Member (A) Ex. SI (Executive) Rajeshwar Prashad, (D-3837), PIS No. 28720307) S/o Shri Tara Chand, R/o Q.No. 284, Police Colony, Ashok Vihar, New Delhi. Presently posted as PTC, Jharadon Kalan, Group C. Applicant (By Advocate: Shri Sourabh Ahuja) Versus 1. GNCT of Delhi through Commissioner of Police, Police Head Quarters, IP Estate, MSO Building, New Delhi. 2. Additional Commissioner of Police, PTC, Jharoda Kalan, New Delhi. 3. Deputy Commissioner of Police, DE Cell, Delhi through Commissioner of Police, Police Head Quarters, IP Estate, MSO Building, New Delhi. 4. Principal, PTC, Jharoda Kalan, New Delhi. 5. Sh. H.S. Bisht (ACP, DE Cell) Enquiry Officer, Delhi Police Bhawan, Asuna Asif Ali Road, New Delhi. Respondents ORDER (ORAL) Justice V.K. Bali, Chairman:
The applicant was initially dismissed from service applying Article 311(2)(b) of Constitution of India without holding any enquiry vide order dated 20.03.2007, which was set aside by this Tribunal in OA No. 1216/2007 decided on 28.11.2007 with liberty to the respondents to proceed afresh against the applicant departmentally. The department has now issued order dated 04.04.2008 initiating departmental proceedings against the applicant.
2. Earlier in point of time, the applicant along with others was put to criminal trial on the same allegations as the subject matter of charge against him.
3. In the circumstances aforesaid, the applicant made representations [Annexure-9 (Colly.)] pleading not to proceed departmentally against him in view of provisions contained in Rule 12 of Delhi Police (Punishment & Appeal) Rules, 1980. The said representations have not been disposed of and the enquiry is in progress.
4. In the facts and circumstances, as mentioned above, we direct the respondents to pass orders on the representations of the applicant while dealing with the points raised by him therein, and till such time the orders are passed, not to proceed departmentally against the applicant.
5. Copy of this order be sent to the respondents. Process DASTI.
(Dr. Ramesh Chandra Panda) (V.K. Bali)
Member (A) Chairman
/vikas/