JUDGMENT

Anil Kumar, J.

1. The petitioner, Commissioner of Police, has challenged the order dated 25th May, 2005 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, titled as 'H.C. Laxmi Chand v. Government of NCT of Delhi', allowing the original application of the respondent and setting aside the order of punishment dated 28th July, 2003 passed by the Disciplinary Authority awarding the forfeiture of 4 years of approved service permanently and also setting aside the Appellate order dated 11th October, 2004 dismissing the appeal of the respondent.

2. Brief facts to comprehend the controversies are that one Lal Bahadur S/o Gorakh Bahadur, a domestic servant of Sh.Shanker Lal Sangwani S/o Sh.Prahlad Rai Sangwani, a resident of Plot No.34, Kanwar Nagar, Jaipur, Rajasthan had committed theft in the house of his owner and had left for Delhi along with some jewelry and other articles.

3. The respondent along with Constable Sheel Bahadur was posted on Picket Duty at Farash Khan, S.N.Marg, Delhi on 28th May, 1995. They checked the belongings of Lal Bahadur who was allegedly in possession of the stolen goods. The allegation was made that the stolen goods were taken by the respondent and Const. Sheel Bahadur from Lal Bahadur. A departmental enquiry was ordered against the respondent and Constable Sheel Bahadur by order dated 21st June, 1995 on the allegation that the respondent as well as Constable Sheel Bahadur on finding that Lal Bahadur was in possession of stolen goods, instead of producing him before the senior officers, had kept all the valuable articles and cash with themselves and let off Lal Bahadur without taking any legal action.

4. The alleged act of the respondent and the other Constable came to light when SI Narain Singh of Police Station Subhash Chowk, Jaipur (Rajasthan) visited the Police Station Lahori Gate, Delhi and arrested the respondent on the disclosure statement of and identification by Lal Bahadur who was the main accused in FIR No.83/1995 under Section 381 and 411 of the Indian Penal Code, P.S.Subhash Chowk, Jaipur.

5. It was alleged that the goods which were stolen by Lal Bahadur and which were subsequently taken from him by the respondent and Constable Sheel Bahadur, were allegedly recovered from them as well. The respondent and Constable Sheel Bahadur were accused of extortion and criminal misappropriation of stolen property and having committed a breach of trust and also having tarnished the image of the whole police department in the eyes of the public by failing to maintain the integrity and devotion to duty and in acting in a manner very unbecoming of police officers, which was also in contravention of CCS (Conduct) Rules, 1964.

6. The respondent was placed under suspension by DCP/North District by Order No.4008-30/HAP-N dated 9th June, 1995. The departmental enquiry was directed to be conducted on a day to day basis. Summary of allegations, list of witnesses and list of documents were prepared and supplied to the respondent. During the departmental proceeding, the respondent did not admit the allegations made against him. During the departmental proceedings on behalf of the department various witnesses were examined.

7. During the pendency of the departmental proceeding, the respondent and his co-defaulter filed an original application No.1636 of 1995 before the Tribunal against the departmental enquiry initiated against them. As per the directions of the Tribunal by order dated 1st July, 1996 the departmental enquiry was kept in abeyance, till the decision in the criminal case as on the same charge and evidence the Criminal case was pending against the respondent.

8. The suspension case of the respondent was reviewed as FR No.53 and he was reinstated and his suspension was revoked vide order No.1057-76/HAP/North dated 13th February, 2001.

9. The criminal case No.234/1995, titled as 'State of Rajasthan v. Lal Bahadur & Ors.' was decided by the Additional Chief Ju