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Constable Kartar Chand vs The Commissioner Of Police on 20 November, 2012

6. Shri Chauhan has also relied upon the judgment of a co-ordinate Bench of this Tribunal in OA 258/2005  Const. (Dvr) Ashok Kumar Vs. Govt. of NCT of Delhi & Ors. decided on 10.10.2006. In the said O.A, the applicant therein sought quashing and setting aside of th impugned order of the appellate authority dated 25.02.2004 whereby one year of approved service was forfeited, with consequential benefits in terms of seniority, promotion, etc. He had also sought a direction to the respondents to treat the entire period from the date of dismissal to the date of reinstatement as spent on duty. After detailed consideration of the case, this Tribunal found that the decision of the respondents to award the reduced punishment of forfeiture of one year approved service permanently does not deserve to be interfered in the interest of justice and maintenance of discipline in the police force. However, the Tribunal held that there was no reason as to why he should be denied relief in terms of treatment of period of his absence since it was, to a large extent, due to prolonged legal proceedings for which neither party could be held responsible.
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