Decided on July 13,2007



S.L.BHAYANA, J. - (1.) Petitioner has assailed the order and judgment dated 26.07.2005 in O.A. No 2320/04 and order dated 01.08.2006 in RA NO. 207/2005 in the above- mentioned O.A. passed by the Central Administrative Tribunal, Principal Bench, New Delhi. He has further sought quashing and setting aside of orders of the disciplinary authority and the appellate authority passed against him. Through this writ petition, the petitioner has further prayed for reinstatement in service with all consequential benefits including pay, salary, seniority, increments, promotions etc.
(2.) The brief facts leading to the present petition are that the petitioner joined the Delhi Police as Constable in the year 1998. He claims to have served the department with sincerity and to the utmost satisfaction of his superiors. However, on 5.9.2003, he was arrested for alleged involvement in several criminal cases. FIRs in various police stations were registered against him. He was booked under various provisions of IPC and Arms Act. In one of the cases filed under section 395 of IPC lodged under FIR No.171 of 2003, PS Daurala, UP, he was released by CJM, Merrut vide order dated 15.3.2004 on his non-identification by witnesses in TIP and also in view of there being no evidence against him. Petitioner has averred in the petition that all the criminal cases against him are still pending. The charges have been framed against him in all the cases and the same are fixed for prosecution evidence. Petitioner after being released on bail on 20.03.2004 went to join duty on 22.03.2004 but he was informed that he has been dismissed from service vide order dated 20.09.2003 passed by the Disciplinary Authority on the grounds of his involvement with a gangster in a dacoity case and also on account of pendency of criminal cases against him. Disciplinary Authority during the course of interrogation of a notorious gangster Vikrant @ Vicky came to know that petitioner was also an accomplice and was identified along with the gangster in a police raid against the said gangster. A case of attempt to dacoity and robbery was registered. The said gangster and his accomplices made confessional statements that the petitioner was also one of them. The Disciplinary Authority also came to know that the petitioner was involved in number of cases in Haryana and Uttar Pradesh and FIRs under various Sections of the IPC and Arms Act were registered against him. Disciplinary Authority in view of all the facts and records before it, came to the conclusion that petitioner has committed a heinous crime, a highly abhorrent act and has tarnished the image of the Police. The authority further observed that he instead of discharging his responsibility and upholding the rule of law, he has indulged in heinous crime, lawlessness and shattered the faith of common man and eroded public Trust. The authority held as under:- "After such a shameful and criminal act, which has eroded the faith of common people in police, his continuance in Police force is likely cause an irreparable loss to the functioning and credibility of Delhi Police." "It is thus certain that the witnesses would not be in position to muster enough courage to depose against the said police officer due to fear of severe reprisal from him." During the entire process of departmental proceedings the witnesses would be put under constant fear of threat to their person and property from the delinquent Police officer.
(3.) With such findings, the disciplinary authority after invoking Article 311(2) (b) of the Constitution of India dismissed the petitioner from the Force with immediate effect.;

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