HC SURESH KUMAR PIS NO 28824105 Vs. GOVT OF NCT OF DELHI THROUGH COMMISSIONER OF POLICE JOINT COMM OF POLICE TRAFFIC AND DCP TRAFFIC

JUDGEMENT

(1.) APPLICANT, a Head Constable in Delhi Police, has sought quashing of order dated 17.1.2005, whereby a major punishment, following an enquiry, has been inflicted upon him as well as appellate order dated 26/5/2005, whereby on seeking benefit of decision in the case of co-defaulter Constable Narender Kumar v. Union of India in OA-32/2003 decided on 16.9.2003 and on implementation, entailing a minor penalty of censure against Constable Narender Kumar having been rejected to be entertained, are impugned.

(2.) Applicant, along with one Constable Narender Kumar has been proceeded against in a departmental enquiry (DE) for alleged misconduct of accepting illegal gratification detected by PRG team on a finding of guilt by the Enquiry Officer was imposed a major punishment. Applicant has not preferred an appeal against the order. However, Constable Narender Kumar when assailed his punishment order in OA-32/2003, an order passed on 16.9.2003 set aside the punishment with liberty to respondents to pass fresh order. As fresh order of 1.7.2004 imposed upon Constable Narender Kumar a minor penalty of censure and the period of suspension having been treated as spent on duty, it led to an appeal filed by applicant, claiming benefit of the aforesaid decision.

(3.) LEARNED Counsel of applicant states that when persons having regard to the role and alleged misconduct imputed in one case has been awarded a minor penalty of censure as an implication of the decision of the Tribunal, applicant is also entitled to be accorded extension of the benefit, which cannot be denied and would constitute invidious discrimination violative of Articles 14 and 16 of the Constitution of India.