( 1 ) THE original applicant before the learned Tribunal is the writ petitioner herein. He at all material times was working as a Constable in Delhi Police Force. A complaint was made against him by one Hitesh jain that he together with Constable Manoj Kumar demanded illegal gratification from him while he was travelling on his scooter and ultimately his driving licence was taken out together with a sum of rs. 1050/- from his pocket. A raid was conducted by the Assistant commissioner of Police alongwith Inspector Special Staff/ne and a sum of Rs. 500/- was recovered from him, viz. a part of the amount he had taken from the complainant. A departmental proceeding was -initiated. He was found guilty of the charges levelled against him by the Enquiry officer, whereupon punishment of dismissal from service was awarded. However, so far as Constable Manoj Kumar is concerned he was exonerated from the charges.

( 2 ) PETITIONER preferred an appeal against the said order but the appellate Authority rejected the same.

( 3 ) BEFORE the learned Tribunal a contention was raised that as having regard to the complaint made against him he also has committed a cognizable offence, thus, in