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2023 Supreme(Del) 5112

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Sant Ram – Appellant
Versus
Commissioner of Police – Respondent


Advocates appeared:
Mr. K. Venkataraman and Mr. Avinash, Advocates, for the Petitioner.
Mrs. Avnish Ahlawat, Standing Counsel GNCTD (Services) with Ms. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Palak Rohmetra, Ms. Laavanya Kaushik and Ms. Aliza Alam, Advocates, for the Respondents.

JUDGMENT

V. Kameswar Rao, J. (Oral)

1. This petition challenges the order dated October 16, 2018 of the Central Administrative Tribunal in the Original Application being OA 4410/2017 whereby the Tribunal has dismissed the OA filed by the petitioner herein by stating in paragraphs 13 and 14 as under:

    "13. The applicant was working in the Police Department where maintenance of discipline is of paramount importance. In the instant case, the applicant has not mended his ways despite a major punishment imposed in 2003 and thereafter again he became unauthorisedly absent in 2008 which led to his dismissal in 2011.

    14. It is the view of the Tribunal that appropriate consideration had already been extended in the case of applicant and the pleas of applicant do not sustain and present OA needs to be dismissed being devoid of merit."

2. The claim of the petitioner before the Tribunal was for grant of compassionate allowance under Rule 14 of the CCS Pension Rules, 1972.

3. The petitioner, who was working as a Head Constable and had put in 29 years of service, was dismissed from service on April 27, 2011 on account of unauthorized absence for 233 days in four spells coupled with other instanc

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