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2013 Supreme(Del) 1380

PRADEEP NANDRAJOG, V.KAMESWAR RAO
Commissioner of Police – Appellant
Versus
Brahm Prakash – Respondent


Advocate Appeared:
For the Petitioners:Ms. Ruchi Sindhwani, with Ms. Bandana Shukla, Advocates.
For the Respondent:Sourabh Ahuja, Advocate.

Judgment :

Pradeep Nandrajog, J.

1. The present writ petition challenges the order dated November 20, 2012 passed by the Central Administrative Tribunal in OA No.1928/2011 wherein the Tribunal has quashed the findings of the Inquiry Officer, the penalty order dated March 18, 2010 imposing a penalty of forfeiture of five years’ approved service upon the respondent as well as the order dated May 25, 2010 rejecting the appeal filed by the respondent against the order dated March 18, 2010 passed by the disciplinary authority.

2. The respondent was enrolled as a Constable with the Delhi Police in the year 1993, and on August 22, 2008, on the allegation that he and HC Birender Kumar had let off one Vicky s/o Inder Singh in case FIR No.814/06 after accepting an illegal gratification in sum of Rs. 5000/-, a joint inquiry was conducted against the respondent and HC Birender Kumar at which only respondent was indicted.

3. As required by the Delhi Police (Punishment & Appeal) Rules, 1980, the domestic disciplinary inquiry commenced when a Summary of Allegation was drawn up on March 09, 2009 against respondent and HC Birender Kumar, which reads as under:

“It is alleged against HC Birender Kuma




































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