Constable Chander Bhan vs Govt. Of Nct Of Delhi Through on 26 May, 2010
5. At the hearing, the learned counsel for the applicant confined his submissions to the two points, namely, (i) the impugned action of the respondents being violative of Rule 15 (2) of the Rules; and (ii) the findings of the inquiry officer against the applicant being vitiated on account of his cross examination of PW1 to PW5. The learned counsel did not press on the issue of validity of initiation of disciplinary inquiry with the approval of Joint Commissioner of Police in view of Full Bench order in the case of Chander Bhan vs. Govt. of NCT of Delhi (OA 577/2007). However, it has been contended that while ordering initiation of inquiry, the concerned authority has to examine the desirability of initiating criminal prosecution vis-`-vis departmental inquiry and take a conscious decision thereon indicating due application of mind by ascribing the reasons based on which such decision has been taken. In the absence of this, the order for initiating departmental inquiry will stand vitiated for non-application of mind and in the result, non-compliance of the requirement of Rule 15 (2) of the Rules.