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2013 Supreme(Del) 581

BADAR DURREZ AHMED, SIDDHARTH MRIDUL
Delhi Government – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Ms. Zubeda Begum, Advocate.
For the Respondents:R2, Mr. Shekhar Kumar, Advocate.

Judgment :-

Siddharth Mridul, J.

1. The petitioners herein seek to challenge the judgment and order dated 04.02.2002 passed by the Central Administrative Tribunal in O.A No. 58/2001 wherein it was directed that the Respondent No.2’s forfeiture of four years of service be restored and he shall be given all consequential benefits.

2. Brief facts necessary for the instant adjudication are enunciated in the succeeding paragraphs:

3. A departmental enquiry was initiated against the Respondent No.2 on 09.09.1999 on the allegation that while posted at P.S. Subzi Mandi on 18.06.1999 he was entrusted with the investigation of case in FIR No.208/99 under Sections 279/337 of the Indian Penal Code, 1860 (IPC). During the course of investigation he arrested one Anil Kumar and seized vehicle bearing registration No.HR-41-7832 allegedly driven by the accused, Anil Kumar. He asked accused driver Anil Kumar to call the owner of the vehicle and also to arrange for full ‘Kharcha Pani’.

4. On 19.06.1999 Shri Sandeep Singh, owner of the vehicle, contacted the Respondent No.2 who demanded a sum of Rs.4000/- as illegal gratification for bailing out the accused driver and releasing the vehicle. When the





















































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