JUDGMENT :

ANOOP KUMAR MENDIRATTA, J.

Petitioner (Additional Commissioner of Police (Security)) by way of present writ petition, challenges order dated March 13, 2003 passed by the Central Administrative Tribunal (hereinafter referred to as the Tribunal) in O.A. No. 2909/2002 whereby the Tribunal held that the acquittal of the respondent No. 1 in Case No. 82/1997 (relating to FIR No. 718/1997, under Sections 20/29 NDPS Act) vide judgment dated February 15, 2002 cannot be held to be on ‘technical grounds’ but is substantially on merits of the case and in the circumstances it would not be proper for the Disciplinary Authority to proceed on identical facts and on the same charge so as to come to a different finding in the departmental proceedings. The OA was accordingly allowed quashing the order dated October 11, 2002 passed by Additional Deputy Commissioner of Police (Security) directing the conduct of DE proceedings under Rule 16 of Delhi Police (Punishment and Appeal) Rules, 1980.

2. In brief, respondent No. 1 (Constable Dinesh Kumar) along with Sanjay Giri was apprehended on July 01, 1997 about 5 : 40 pm by SI Ramesh Kumar and Head Constable Mahender Singh, on the basis of secret in