JUDGMENT :

Abhay Manohar Sapre, J.

There is a delay of 30 days in filing the special leave petition. Delay condoned. Issue notice. Mr. Neeraj Shekhar, learned counsel accepts notice on behalf of the respondent/caveator. Since learned counsel for the respondent does not want to file the counter affidavit, we heard the matter finally with the consent of the parties.

2. After hearing learned counsel for the parties, leave granted.

3. This appeal is filed against the judgment and order dated 19.08.2015 passed by the High Court of Delhi at New Delhi in Writ Petition (c) No. 2345 of 2015 whereby the High Court partly allowed the writ petition filed by the respondent herein and set aside the order 05.12.2014 of the Central Administrative Tribunal, Principal Bench, New Delhi passed in O.A. No. 4349 of 2010 filed by the respondent.

4. In order to appreciate the issue involved in this appeal, it is necessary to state a few relevant facts:

5. The respondent was an Assistant Sub-Inspector (ASI) (Min.). At the relevant time, the respondent was posted in HAG 8th Bn. DAP. On 26.02.2008 at about 10.30 a.m. while Mr. B.P. Jain, Assistant Commissioner of Police (ACP)/Security was briefing the staff regard