MADAN LAL Vs. GOVERNMENT OF NCT DELHI
HIGH COURT OF DELHI
GOVERNMENT OF NCT DELHI
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Manmohan Sarin, J. -
(1.) Petitioner by this writ petition assails the order dated 1.10.2002,
passed by the Central Administrative Tribunal, Principal Bench, New Delhi,
dismissing his OA No.1132 of 2001 as also orders dated 27.1.1998, 6.9.2000 and
5.3.2001 of the Disciplinary Authority. By the said orders the Disciplinary
Authority imposed upon the petitioner, punishment of reduction of rank from Head
Constable to Constable, till he is found fit by the Competent Authority to be
restored to the higher rank. A Corrigendum was issued on 6.9.2000, whereby the
said order was modified and the period of reduction in rank was mentioned to be
five years, clarifying that the punishment will take effect from 27.1.1998, i.e.
the date of the order of punishment. Petitioner's appeal was also rejected on
(2.) The facts culminating in filing of the present petition are:
Petitioner, a Head Constable with Delhi Police, was serving at Police Station
Anand Parbat. On 1.5.1995 at about 12:35 P.M., Petitioner allegedly came to the
Police Station on a two wheeler scooter, without wearing helmet. Additional SHO
of the Police Station, who allegedly bore a grudge with the petitioner, asked
the ASI on duty to challan the petitioner for driving without helmet, under the
provisions of the Motor Vehicle Act. Petitioner's entreaties for dropping the
matter and being excused were not heeded to. Petitioner was challaned.
Thereafter petitioner entered the office of Additional SHO, Officer-in-Charge of
the said Police Station, where incidentally one journalist was waiting for the
SHO, and stated that by issuing a challan, the Additional SHO had not done a
right thing and humiliated the Head Constable of the Police Station. Petitioner
is alleged to have misbehaved with him and used abusive language.
(3.) Petitioner pleaded that he had contested the challan and was acquitted
by the Learned Metropolitan Magistrate. Departmental enquiry was also initiated
against the petitioner on 18.5.1995 under the provisions of Delhi Police
(Punishment and Appeal) Rules, 1980. Petitioner was placed under suspension on
9.5.1995 and was taken back on duty on 29.9.1995, without prejudice to the
Departmental Enquiry pending against him. The Enquiry Officer found the
petitioner guilty of the charge vide his report dated 15.3.1997. Accordingly
vide order dated 27.1.1998, the Additional DCP imposed upon the petitioner, the
punishment of reduction in rank ?to the lower rank of Constable until he is
found fit by the Competent Authority to be restored to the higher rank of Head
Constable.? The suspension period from 1.5.1995 to 28.9.1995 was ordered to be
treated as period not spent on duty for all intents and purposes.;
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