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 ta