Judicial review of disciplinary actions should respect inquiry findings unless arbitrary, and double jeopardy does not apply where prior inquiries were not formal.

JUDGMENT

Satish Chandra Sharma, C.J. The present petition is arising out of an order passed by the Central Administrative Tribunal (CAT) dated 01.08.2006 in O.A No. 2675/2004, titled Ex-SI Ajay Kumar v. Union of India and Ors..

2. The facts of the case reveal that the Petitioner before this Court was serving on the post of Sub Inspector with the Delhi Police and was subjected to disciplinary enquiry. The departmental enquiry was initiated against him under the provisions of Delhi Police (Punishment and Appeal) Rules, 1980 vide order dated 02.04.2002 for committing grave misconduct and unbecoming of a Government servant. He was charge-sheeted for violating Section 3 of the Central Civil Services (Conduct) Rules. The alleged incident which resulted in departmental enquiry reveals that while the Petitioner was posted in VI Bat. DAP, he developed illicit relations with one Mrs. Meenu Sharma w/o Sh. Ram Saran Sharma, R/o 380, Shastri Nagar, Delhi. It is alleged that Mrs. Meenu Sharma left the house with the daughter on 17.05.2000 and the matter was reported to Police Station Sarai Rohilla and it was suspected that she has gone with Sub Inspector Ajay Kumar i.e. the Petitioner. She was produced in the Police Station on 18.05.2001 by the Petitioner.

3. The facts of the case reveal that the Petitioner broke open the lock of House No. G-9, Jagat Puri and lived in the house for approximately three months with Mrs. Meenu Sharma and her daughter Akriti. The said house was under the ownership of one Baljeet Singh who had locked the house and left with his family in December 2000 for some unknown place. A theft took place in the said house and the matter was reported to the Police. On the request of local residents, the house was re-locked on 04.04.2001. It is alleged that that the Petitioner started residing in the house along with Meenu Sharma. The Petitioner was placed under suspension by an order dated 28.06.2002 and was reinstated on 26.12.2002.

4. Mr. Ram Saran Sharma who is the husband of Mrs. Meenu Sharma filed a complaint on 01.08.2001 for registration of FIR under Sections 120B, 363, 498, 506 IPC and also requested to initiate departmental enquiry against the Petitioner. The said complaint of Mr. Ram Saran Sharma was enquired into by the Deputy Commissioner of Police, DAP 6th Bn. and he gave a clean chit to the Petitioner on 07.08.2001. The matter was again considered by the Department. It is pertinent to note that the aforesaid so called enquiry was not a departmental enquiry but was an internal enquiry conducted in the matter, and finally the department resolved to initiate departmental enquiry against the Petitioner on 02.04.2002. The summary of imputation of misconduct as per the charge sheet issued to the Petitioner is reproduced hereinbelow:

"It is alleged SI Ajay Singh No. D/3628 posted at DAP Vith Bn. He developed illicit relations with Mrs. Meenu Sharma r/o 380 Shastri Nagar Delhi. On 17th May 2001 Meenu left her house with her daughter. The matter was reported to PS Sarai Rohilla as it was suspected that she has gone with SI Ajay Singh. On 18th May 2001 SI Ajay Singh produced her in the PS. It is further alleged that SI Ajay Singh broke open the lock of House No. G-9, Jagat Puri and lived there for approx. three months with Mrs. Meenu Sharma and her daughter Akriti. The said house belongs to one Baljeet Singh who had locked the house and left with his family in Dec. 2000 for the unknown place. In the month of April, 2001 a theft took place in the said house, matter was reported to police and the call was marked to SI Ashwani Kumar D/3692 PS Preet Vihar. SI Ashwani Kumar came to attend the theft call at G-9 Jagat Puri, since no