JUDGMENT

Paripoornan, J.-Special leave granted. We heard Counsel.

2. There are three appellants in this appeal. They are- (1) Sri Ramesh Chander, Ex. Head Constable No. 10152 D.A.P., (2) Shri Devinder Singh, Constable No. 10744, D.A.P. and (3) Shri Dharambir Singh, Constable No. 10724, D.A.P., attached to Delhi Police, 9th Battalion, D.A.P.. The respondents herein are - (1) the Delhi Administration, Delhi, (2) Commissioner of Police, Police Headquarters, New Delhi, (3) Additional Commissioner of Police, Police Headquarters, New Delhi and (4) Deputy Commissioner of Police, 9th Bn., D.A.P., Delhi.

3. The appellants have prayed for setting aside or annulling the order of the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the Tribunal ) dated 22.4.1994 rendered in O.A. No. 1583/89 to the extent of denial of backwages on reinstatement. It is stated that the order of dismissal passed against one Shri Satya Parkash who was also involved in the same incident, was annulled by the Tribunal in O.A. No. 1637/90 by order dated 14.12.1993, and in giving effect to the said order the respondents by order (Annexure P-I) dated 17.1.1994 reinstated the said Shri Satya Parkash with back-wages and other consequential benefits. The appellants, who are similarly situate, are discriminated against. They have not been treated fairly or reasonably in the matter.

4. The relevants facts which have given rise to this appeal are as follows:

All the three appellants attached to the Delhi Police, 9th Bn. D.A.P. along with Shri Satya Parkash, working in West District, were posted in Jeep No. DID-4625 in the area of Police Station Mangole Puri, New Delhi. It was alleged that on 17.12.1985 at about 12.30 P.M the above said persons picked up one Shri Mohan Lal and extracted a sum of Rs. 365/- giving him a threat of arrest, stating that he was a smack drug addict. In the Departmental Inquiry, the charges were held proved. On the same allegations, criminal cases were lodged under Section 395 I.P.C. for gross misconduct under Section 21 of the Delhi Police Act against the delinquents. The appellants herein were suspended on 18.12.1985. They were dismissed from service by order dated 23.9.1988. The appeals filed by them were dismissed by the Add1. Commissioner of Police on 2.3.1989. The revision filed by them was also dismissed on 21.2.1990. In the meanwhile, Shri Mohan Lal, the alleged victim, had also launched a criminal prosecution against the appellants and Shri Satya Parkash. The said criminal case ended in "clean acquittal" of all the appellants and also Shri Satya Parkash. The Sessions Court passed the judgment dated 25.11.1989. The appellants filed representation before the Department for their reinstatement in view of the judgment of the Sessions Court, but it was dismissed. It is thereafter, they filed O.A. No. 1583/89 before the Tribunal and prayed for reinstatement in service with all consequential benefits including backwages.

5. It is on record that Shri Satya Parkash filed a separate application before the Tribunal as OA No. 1637/90. By its order dated 14.12.1993, the Tribunal quashed the order passed by the disciplinary authority as well as the appellate authority. The order so passed was given effect to by the Deputy Commissioner of Police, West District, New Delhi, in the following terms, as is evident from Annexure P-1 at page 21 of the paper-book.

"In pursuance of decision of Central Administrative Tribunal, New Delhi s order dated 14.12.1993 in OA No. 1637/90 Ex. Const. Satya Parkash, No. 652/W v. UOI and Ors. and PHQ s Memo No. F. 16/297/90/662/CR-I, dated 10/1/94, who was dismissed from the service vide this office order No. 3554-3654/P(W), dated 24.7.89 is hereby re-instated in service from the date of his dismissal i.e. 24.7.1989. He will draw pay and allowances admissible to him under rules from the date of dismissal together with all the consequential ben