The respondent-applicant, before the Central Administrative Tribunal, Patna Bench, Patna, at relevant time was holding the post of Additional Director General of Police and was in the rank of Inspector General of Police in the year 1975. On 31.07.2005, a T.V. Chanel shown sting operation pictures in which the applicant-respondent was shown in compromising position with a woman. Finding this situation, on the same day, on 31.07.2005, the applicant-respondent was suspended vide order of the same date i.e., 31.07.2005, and a F.I.R was lodged on 02.08.2005 against the respondent-applicant. Then on 28.12.2005 a show cause notice under Act 311(2)(b) was issued to the applicant-respondent to show cause as to why he may not be dismissed from service by invoking the provision of Article 311(2)(b) of the Constitution of India by dispensing with the departmental enquiry.

2. The petitioner gave a detail reply to show cause notice on 26.7.2007. The applicant-respondent, who was holding the post of Additional Director General of Police from 31.7.2005 and even after lodging of the F.I.R. on 2.8.2005, could not be arrested because he was absconding and after about more than a year, the app