HEMANT GUPTA, V.RAMASUBRAMANIAN
Union of India – Appellant
Versus
Dalbir Singh – Respondent
JUDGMENT :
HEMANT GUPTA, J.
1. Leave granted.
2. The order dated 11.4.2019 passed by the Division Bench of the High Court of Delhi at New Delhi is the subject matter of challenge in the present appeal whereby the order of dismissal passed by the Competent Authority on 24.5.2014, appellate order dated 9.10.2014, and revisional order dated 13.2.2015 were set aside. The respondent1[Hereinafter referred to as the ‘writ petitioner’] was hence directed to be reinstated and also was found entitled to arrears of pay from the date of dismissal of service till the date he actually joins the duty.
3. The writ petitioner was a General Duty Constable in the Central Reserve Police Force (CRPF). An FIR No. 16/1993 was lodged against the writ petitioner for an offence under Section 302, 307 of the Indian Penal Code, 18602[For short, the ‘IPC’] and Section 27 of the Arms Act, 1959 when the writ petitioner was accused to have fired from his service revolver on Head Constable Shri Harish Chander and Deputy Commandant Shri Hari Singh resulting in the death of Shri Harish Chander and injuries to Shri Hari Singh. The writ petitioner was convicted by the learned trial court on 11.3.1996 and sentenced to life
Ajit Kumar Nag v. General Manager (PJ), Indian Oil Corpn. Ltd
B.C Chaturvedi v. Union of India & Ors. (1995) 6 SCC 749 – Relied on [Para 23]
Noida Entrepreneurs Association v. NOIDA &Ors- (2007) 10 SCC 385 – Relied on [Para 26]
State of Haryana & Anr v. Rattan Singh (1977) 2 SCC 491 – Relied on [Para 23]
Union of India & Ors. v. P Gunasekaran (2015) 2 SCC 610 – Relied on [Para 22]
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