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2003 Supreme(SC) 439

DORAISWAMY RAJU, ASHOK BHAN
LT. GOVERNOR, DELHIS – Appellant
Versus
H. C. NARINDER SINGH – Respondent


ORDER

1. HEAD CONSTABLE NARINDER SINGH, FOR SHORT THE RESPONDENT, WAS APPOINTED A CONSTABLE IN THE DELHI POLICE ON 22-12-1982. HE WAS PROMOTED OUT OF TURN UNDER RULE 19(II) OF THE DELHI POLICE PROMOTION AND CONFIRMATION RULES, 1980 FOR SHOWING OUTSTANDING DEVOTION TO DUTY. SUBSEQUENTLY, IN THE YEAR 1990 DISCIPLINARY ACTION WAS INITIATED AGAINST HIM FOR DERELICTION OF DUTY WHICH CULMINATED IN THE IMPOSITION OF PENALTY OF REDUCTION OF PAY BY ONE STAGE WITHOUT CUMULATIVE EFFECT APPEAL AGAINST THE SAID ORDER WAS DISMISSED. THEREAFTER, THE APPOINTING AUTHORITY ISSUED A SECOND SHOW-CAUSE NOTICE ON 8-1-1992 PROPOSING TO REMOVE HIS NAME FROM THE PROMOTION LIST TO WHICH HE WAS BROUGHT UNDER THE ABOVE RULES.

2. AGGRIEVED BY THE PROPOSED ACTION THE RESPONDENT FILED AN APPLICATION BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, FOR SHORT THE TRIBUNAL, SEEKING QUASHING OF THE SHOW-CAUSE NOTICE. THE TRIBUNAL ALLOWED THE PETITION AND HELD THAT SECOND SHOW-CAUSE NOTICE WOULD AMOUNT TO DOUBLE PUNISHMENT BASED ON THE SAME CAUSE OF ACTION AND ACCORDINGLY QUASHED THE SHOW-CAUSE NOTICE. THE DELHI ADMINISTRATION HAS COME UP IN THE APPEAL.

3. COUNSEL FOR THE PARTIES HAVE BEEN HEARD.

4. READING OF THE SHOW-CA

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