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2023 Supreme(Del) 5835

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Vinod Kumar – Appellant
Versus
G. N. C. T. of Delhi – Respondent


Advocates appeared:
Mr. K.C. Mittal, Mr. Yugansh Mittal & Mr. Vaibhav Yadav, Advs., for the Petitioner.
Mrs. Avnish Ahlawat, SC with Mr. Nitesh Kumar Singh, Ms. Tania Ahlawat, Ms. Palak Rohmetra, Ms. Laavanya Kaushik & Ms. Aliza Alam, Advs., for the Respondent.

JUDGMENT

V. Kameswar Rao, J.

1. The present petition has been filed assailing the order dated November 2, 2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi ('Tribunal', for short) whereby the Tribunal had dismissed OA No. 605/2016 filed by the petitioner herein.

2. At the outset, we note that the petitioner Mr. Vinod Kumar had expired on February 02, 2018 while on duty. The legal heirs of the deceased petitioner have been brought on record vide order dated May 29, 2018.

3. The petitioner, a Constable in Delhi Police, was arrested on November 18, 1996 for his involvement in a case bearing FIR No. 1132/1996 dated November 14, 1996, under Section 379 and 420 of the Indian Penal Code, 1860 ('IPC', for short). In connection with the said crime, he was placed under suspension w.e.f. November 18, 1996 vide order dated November 21, 1996. He was dismissed from service under Article 311 (2)(b) of the Constitution of India vide order dated December 12, 1996, and his suspension period from November 18, 1996 till the date of dismissal was treated as period not spent on duty. The petitioner challenged this dismissal order before the Tribunal in OA 685/2010. Pursuant to

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