Honble SINHA, J.–The respondent was enrolled as a Constable in the Delhi Police on or about 1.8.1994. A First Information Report was lodged against him on 30.10.1995 for commission of an offence under Section 308/34 of the Indian Penal Code. He was arrested in connection there with on 30.10.1995. He remained in judicial custody for a period of 15 days. A departmental proceeding was initiated against him in relation to the same incident.

(2). He filed an original application before the Central Administrative Tribunal (for short, `the Tribunal) for stay of the said proceeding till disposal of the criminal case. By an order dated 23.7.1996, the said original application was disposed of by the Tribunal upon issuing some directions.

(3). In the meantime, two revolvers and one pistol were found from the Vijay Ghat Armoury Two persons who were accused therein, inter alia, made confessions stating that the respondent had committed theft of the said two revolves and pistol. The respondent on the basis of said confessional statements was arrested on 5.9.1997. While in police custody he also made a confession as regards his involvement in the said offence. He also led the investigating team to the room of the Vijay Ghat Armoury and pointed out the place wherefrom, he while working as a Sentry on the night of 22/23.6.1997, committed theft of two revolves and one pistol with some of his colleagues. An identification memo, was prepared therefor wherein one Inspector Bhalle Ram was a witness. In view of the fact that apart from confession of the accused, there was no other material on records, the respondent was discharged from the criminal case by an order dated 1.8.2001. He was in the meantime dismissed from service without holding any enquiry in terms of the proviso appended to clause (2) of Article 311 of the Constitution of India, by an order dated 9.9.1997. A departmental appeal preferred there against by him was dismissed by an order dated 9.2.1998. The validity of the said order was questioned by the respondent by filing an application before the Tribunal. The Tribunal allowed the said application by an other dated 8.8.2001 holding that the Appellant failed to establish sufficient grounds for dismissing the respondent from service without holding any disciplinary proceeding. A review petition filed there against was also dismissed by the Tribunal on 31.12.2001. A writ petition filed by the Appellant was also dismissed by the High Court on 3.4.2002.

(4). The Tribunal as also the High Court in their respective judgments opined that the appellant could not have taken recourse to clause (b) of the proviso appended to clause (2) of Article 311 of the Constitution of India. Pursuant to or in furtherance of the said judgments and orders, a regular disciplinary proceeding was instituted. On 1.5.2002, a charge-sheet was drawn up against the Respondent which reads as under:

``I, Insp. Ajit singh charge you Const. Narendra Singh No. 730/DA that on 4.9.97, Harvinder Singh S/o Shri Surat Singh R/o Praladpur Gharoli, P.S. Kharkhoda, Sonepat and Deepak S/o Shri Reghbir Singh R/o Ghoge, P.S. Narela, Delhi were arrested in case FIR No. 371/97 u/Ss. 186, 307, 353, IPC; Sec. 27 Arms Act. P.S. Narela, Delhi. Both the accused made confessions regarding the supply of arms by Const. Narender Singh No. 612/DAP, 730/DAP posted at CP Vijay Ghat on this you Const. Narender Singh were arrested by special staff North Distt. On 5.9.97 u/S. 41(1), Cr.P.C. and were produced before court on 6.9.97. Two days PC remand was also obtained by Crime Branch in case FIR No. 717/97 u/Ss. 409, 380, 457, IPC P.S. Kotwali in which two revolvers and one pistol were stolen from Kot of CPR Vijayghat/1st Bn.

On interrogation you Const. Narender Singh 730/DAP confessed that while you were at CPR Vijay Ghat you had committed theft of two revolvers and pistol from the Kot on intervening night 22/23.6.97 along with Raju, Jasvinder Jassu and Dhannu after stealing keys of Kot from the pillow

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