Central Administrative Tribunal Principal Bench, New Delhi O.A. No.2302 of 2005 Orders reserved on : 21.11.2025 Orders pronounced on : 12.12.2025 Hon’ble Mr. R.N. Singh, Member (J)

Hon’ble Mr. Rajinder Kashyap, Member (A)

Ajab Singh Ex-Constable of Delhi Police (PIS No.28883514)

R/o I-37, Near Okhla Tent, Harkesh Nagar, New Delhi-20 ...Applicant (By Advocate: Shri S.K. Gupta)

VERSUS

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

2. Joint Commissioner of Police Northern Range, PHQ, IP Estate, New Delhi

3. DCP (Central District)

Daryaganj, Delhi ….Respondents (By Advocate: Shri Rajeev Kumar)

O R D E R Hon’ble Mr. Rajinder Kashyap, Member (A):

By filing the present OA under Section 19 of the Administrative Tribunals Act, 1985, the applicant is seeking the following reliefs:

"(a) To call for the records of the case and set aside/quash the impugned orders as mentioned in Para-1 of OA and (b) To direct the respondents to reinstate the applicant in service with all consequential benefits including promotion/seniority and arrears of pay, which ought to follow on acquittal and setting aside of impugned Orders.

(c) To direct Rule 15(iii) & 16 (iii) of DP (P&A) Rules to be ultra virus.

(d) To award costs in favour of the applicant.

(e) To pass any order or orders, which this H0n'ble Tribunal may deem just & equitable in the facts & circumstances of the case."

FACTS OF THE CASE IN BRIEF

2. The applicant was working as a Constable in Delhi Police. While working as Wireless Operator attached with ACP/Pahar Ganj, an FIR No.14/1996 under Section 395/397/34 IPC & 27/54/59 of Arms Actwas registered against the applicant including Inspector Nawal Kishore, the then SHO/Nabi Karim and three persons, namely S/Shri Dhir Singh (Constable), Bhisham Kumar(Constable) and Balkishan at PS Mahipalpur on 18.3.1996, as is evident from page 49 of the paperbook, and the applicant was suspended on 18.3.1996 and thereafter,vide order dated 22.3.1996 passed by the Disciplinary Authority, the applicant was dismissed from service by invoking the provisions of Article 311 (2)(b)

of the Constitution of India.

2.1 Subsequently, the applicant and co-accused were acquitted by the learned Trial Court in the said criminal case vide judgment dated 18.1.2000 (Annexure A-5), the relevant portion of the same reads as under:-

"Since there is nothing incriminating against the accused persons, their statement under Section 313 Cr.P.C. dispenses with.

From the above discussion, it is clear that the charge levelled against the accused persons cannot be proved as the star witnesses of the prosecution are not available. Accused persons are entitled to an acquittal. They are accordingly acquitted. They are on bail. Their bail bonds stand cancelled and sureties are discharged. File be consigned to the record room."

2.2 After acquittal, when the applicant was not reinstated in service, he hadapproached this Tribunal by filing OA No.2880/2002,which was allowed by this Tribunal vide Order/judgment dated 02.09.2003 by quashing the aforesaid punishment order dated 22.3.1996. Consequently, the applicant was reinstated on 24.11.2003 and the disciplinary enquiry was initiated vide order dated 4.6.2004 against the applicant on the same set of allegations, which led to registration of the aforesaid FIR No.14/1996, as if the applicant had not been acquitted. Accordingly, the IO was appointed to conduct the inquiry in the matter. Thereafter, a Memorandum dated 12.7.2004 had been issued to the applicant vide which summary of allegations had been stated, which reads as under:-

“SUMMARY OF ALLEGATIONS It is alleged against Const. Ajab Singh No. 719/C that while attached to ACP/PG as Wireless Operator, he along with one Inspr. Nawal Kishore No.D-14, the then Addl.SHO/Nabi Karim, and two constablesDhir Singh and Bisham Kumarhatched a criminal conspiracy to rob passenger coming with gold from Dubai on the night intervening 17/18.03.1996. In order to execute their plan they took one revol