O R D E R

By V. Ajay Kumar, Member (J):

The applicant, a Constable in the respondent-Delhi Police, filed the OA, questioning the legality and validity of the imposition of the penalty of dismissal on him on the ground of concealment of his involvement in a criminal case at the time of his selection.

2. In pursuance of the Notification of the respondents, the applicant applied for selection to the post of Constable (Driver) and in pursuance of the selection conducted by the respondents, he was selected as such. After the applicant filled up the necessary attestation form and submitted the necessary documents, the respondents appointed him as Constable and accordingly, he joined as such on 01.11.2006. His services were duly confirmed w.e.f. 01.11.2008. However, the respondents placed the applicant under suspension w.e.f. 18.12.2009, vide Order dated 18.12.2009 whereunder it was stated that the applicant concealed the fact regarding his involvement in case FIR No.506/2003 under Section 365 IPC, PS R.K.Puram, at the time of his appointment in Delhi Police as Constable Driver.

3. Vide Order dated 2.02.2010, regular departmental inquiry was initiated against the applicant. The applicant was served with summary of allegations dated 17.02.2010, which reads as under “It is alleged that Const. (Dvr.) Kapil Kumar Meena No.4661/PCR (PIS No.28063096), while he was enlisted in Delhi Police as Const. (Dvr.) on 01.11.2006 and filling up the attestation form, he did not disclose about his involvement in criminal case FIR No.506/03 u/s 365 IPC P.S.R.K.Puram and got enlisted in the department by deceitful means. ASI (Min.) Praveen Kumar no.636/D (PIS No.27890130), while posted in Punishment Branch/PCR as Dealing Hand put up the criminal case file in respect of Const. (Dvr.) Kapil Kumar Meena No.4661/PCR, received from DCP/Crime himself and did not show it to the HAP/PCR. On perusal of criminal case, the then Addl. DCP/PCR passed the remarks on the notesheet that “This should have been done at once”. ASI (Min.) Praveen Kumar no.636/D, being Dealing Hand instead of taking action as per Rule-28 of Delhi Police (Punishment & Appeal) Rules, 1980, he prepared a letter to DCP/South West District to know about the detail of the case vide Memo No.32567/HAP/P-IV/PCR dated 21.11.2008 and failed to take proper action into the matter. HC (Exe.) Raja Ram No.1197/PCR (PIS No.28860735), attached with ASI (Min.) Praveen Kumar no.636/D also failed to make necessary entry in the concerned register.

The above act on the part of ASI (Min.) Praveen Kumar no.636/D, HC (Exe.) Raja Ram No.1197/PCR and Const. (Dvr.) Kapil Kumar Meena No.4661/PCR amounts to gross misconduct, negligence, carelessness and dereliction in the discharge of official duty which renders him liable to be dealt with departmentally under the provision of Delhi Police (Punishment & appeal) Rules

1980.”

4. After conducting a detailed joint inquiry against the applicant and ASI (Min.) Praveen Kumar and HC (Exe.) Raja Ram, the Inquiry Officer, vide his Finding (Annexure E), held that the charges levelled against all of them are not proved, and the relevant part of the finding reads thus:

“From the above discussion, statements of PWs recorded during the enquiry and documents available in the joint DE File of ASI (Min) Praveen Kumar No.636-D, HC Raja Ram No.1197/PCR and Ct. (Dvr) Kapil Kumar Meena No.4661/PCR, it is clear that when the letter was received from DCP/C&R on 14.11.2008 regarding the involvement of Ct (Dvr) Kapil Kumar Meena No.4661/PCR it was clear that he was not arrested in the said case till then and he has not been arrested till now also. As per rule 28 of Delhi Police (Punishment & Appeal) Rules-1980, a police official will be deemed to be under suspension when he/she has been detained for more than 48 hours in connection with criminal case. As Ct (Dvr) Kapil Kumar Meena No.4661/PCR was not arrested by that time, which means ASI (Min) Praveen Kumar No.636-D could not have forwarded the matter fo