JUDGMENT :

Dr. MUKUNDAKAM SHARMA, J.

1. Leave granted. This appeal is directed against the judgment and order dated 20.01.2010 passed by the High Court of Delhi in Civil Writ Petition No. 3591 of 2001, whereby the High Court allowed the Writ Petition filed by the respondent herein and set aside

the order dated 15.01.2001 passed by the Central Administrative Tribunal.

2. The facts leading to the filing of the present case are that the respondent herein, at the relevant point of time, was working as a Constable in Delhi Police and was posted at the IGI airport, New Delhi at the X-Ray Machine Belt. An allegation was made by one Mrs. Ranjana Kapoor that while being so posted there the respondent extorted Rs. 100/- by way of illegal gratification from her during the course of security check of passengers. It is alleged that Mrs. Kapoor made a complaint to one S.P. Narang, Operations Officer of Air France who took the complainant to O.P. Yadav, Inspector, Delhi Police on duty at the Delhi Airport. It is also alleged that the complainant identified the respondent, who thereupon returned the aforesaid sum of Rs. 100/- to the complainant in the presence of O.P. Yadav, Inspector, and Arjun Singh, Sub-Inspector, who were also present at that time.

3. In view of the aforesaid allegations made against the respondent, a departmental enquiry was initiated against him and a chargesheet was drawn up with a charge to the following effect: -

“Charge:

You, Ct. Jai Bhagwan No. 770/A are hereby charged that on the night intervening 6/7.3.95 while performing duty on Belt at X-Ray machine at gate No. 7, 8 and 9 in Shift A. NITC had extorted Rs. 100/- as an illegal gratification from Mrs. Ranjana Kapoor during the course of Security Check of passengers of flight No. AF-177. She made a complaint of this incident to Shri P.S. Narang Operations Officer of Air France, who introduced her to Shri O.P. Yadav Inspr. She handed over a complaint to the Inspector and identified you, Ct. Jai Bhagwan No. 770/A as you had accepted Rs. 100/- from her which was later on returned to her by you in the presence of Inspr. O.P. Yadav and SI Arjun Singh.

The above act on the part of you, Ct. Jai Bhagwan No. 770/A amounts to gross misconduct and unbecoming of a police officer which renders you liable to be punished Under Section 21 of D.P. Act, 1978."

4. Pursuant to the initiation of the aforesaid enquiry, an enquiry officer was appointed, who examined four witnesses produced on behalf of the appellants. Two witnesses were also produced on behalf of the respondent. After recording evidence and after appreciating the said evidence as also the written defence statement of the respondent a report was submitted by the enquiry officer finding the respondent guilty of the charge drawn up against him.

5. With the aforesaid records and the findings, matter was placed before the disciplinary authority who directed that any representation as against the findings recorded by the enquiry officer could be submitted by the respondent. Pursuant to the same, the respondent submitted a detailed representation on 30.10.1995. The disciplinary authority after going through the entire records passed an order dated 15.11.1995 dismissing the respondent from service.

6. It was stated in the said order passed by the disciplinary authority that after considering the evidence on record, gravity of misconduct and overall facts / circumstances of the case it is proved that the respondent misused his official position and involved himself in corrupt practices / malpractices of illegal gratification and, therefore, he is not a fit person to be retained in the police force, consequent upon which the punishment of dismissal was awarded to the respondent.

7. Being aggrieved by the aforesaid order passed by the disciplinary authority the respondent filed an appeal before the appellate authority which was also dismissed vide its order dated 19.01.1996. Consequently, the responde