CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI This the 15^th Day of December, 2025 Hon’ble Mr. R.N.Singh, Member (J) Hon’ble Shri. B. Anand, Member (A)

Devender Kumar Constable in Delhi Police, PIS No.28850829 Aged about 52 Years S/o Late Sh. Mangat Ram R/o WZ-74, Posangi Pur, Janak Puri, New Delhi-58.

…Applicant (By Advocate: Mr. Anil Singal)

Versus

1 Govt. of NCT of Delhi Through Commissioner of Police, PHQ, IP Estate, New Delhi.

2. Joint CP (South-Western Range) PHQ, IP Estate, New Delhi.

3. Addl. DCP (West Distt.) PS Rajouri Garden, New Delhi …Respondents (By Advocate : Mr. Jalaj Agarwal)

ORDER (ORAL)

Hon’ble Mr. R.N. Singh, Member (J)

We have heard the learned counsels for the parties. With their assistance, we have also perused the pleadings on record.

2. In the present Original Application (OA), the original applicant has challenged the inquiry report dated 22.04.2013 submitted by the Inquiry Officer, annexed as Annexure A-1, which was submitted pursuant to a disciplinary proceeding initiated against him. The applicant has further challenged the penalty order dated 18.06.2013 (Annexure A-2) whereby the penalty of dismissal from service was imposed upon him, as well as the appellate order dated 23.07.2015 (Annexure A-3) passed by the appellate authority rejecting his statutory appeal.

The applicant has prayed for the following relief(s):—

“1. To quash and set aside the Findings dt.22.4.2013, Order of Punishment dt.18.6.2013 and Appellate Order dt.23.7.2015 and direct the respondents to reinstate the applicant in service with all consequential benefits including promotion/seniority and arrears of pay.

Or alternatively Direct the respondents to convert the punishment of dismissal into that of compulsory retirement (Voluntary retirement) with all consequential benefits to the applicant.

Or alternatively Direct the respondents to grant Compassionate allowance to the applicant with all consequential benefits as provided in Rule 41 of CCS (Pension) Rules that issue was required to be considered while passing the order of punishment of dismissal but not considered by the disciplinary authority

2. To award costs in favor of the applicant and pass any order or orders, which this Hon'ble Tribunal may deem just & equitable in the facts & circumstances of the case.”

3. In opposition to the claim of the applicant, the respondents have filed a counter-reply and have prayed for dismissal of the Original Application.

4. The brief and undisputed facts of the case are that the applicant joined the services of the respondents as a Constable on 01.11.1985. While working in the said capacity, a departmental proceeding was initiated against him. He was served with a charge-sheet containing the charges levelled against him, which are as under:—

“It is alleged against you Constable Devender Kumar No. 2147/W (PIS No. 28850829) that while posted in P.S. Maya Puri, you were due from C.L. on 15.05.2011, but neither you reported in P.S. Mayapuri nor sent any intimation about your absence. Hence, you were marked absent vide DD No. 29B dated 12.05.2011, P.S. Mayapuri. The following absentee notices were issued to you with the direction to resume your duty at once failing which departmental action will be taken against you :-

1. Absentee notice No. 6205-08/SIP West dated

30.05.2011 (Received by you on 01.06.2011).

2. Absentee notice No. 8821-23/SIP West dated

25.07.2011 (Received by you on 11.08.2011).

3. Absentee notice No. 4962-64/SIP West dated 23.08.2011 (Received by you on 29.08.2011 &

16.09.2011).

4. Absentee notice No. 11679-81//SIP West dated 03.10.2011 (Received by you on 09.10.2011 &

03.01.2012).

You neither resumed your duty nor sent any information to the department for your unauthorized absence despite receiving above mentioned notice and running absent continuously. Your above act is violating the CCS (Leave) Rules, 1972 and S.O. No.

111 of Delhi Police.

Your past record shows that you had absented yourself on 21 different occastons in the past. It shows