Central Administrative Tribunal Principal Bench, New Delhi O.A. No.1769 of 2024 Orders reserved on : 24.11.2025 Orders pronounced on : 05.12.2025 Hon’ble Mr. Manish Garg, Member (J)

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

Surinder Kumar Thapa (Aged 50 years, Gp 'C')

S/o Shri Dalip Singh Thapa, R/o H.No.6, C, Block B-2, Narela Delhi-36.

...Applicant (By Advocate: Shri Setu Niket for Ms. Esha Mazumdar)

VERSUS

1. The Commissioner of Police, Delhi, PHQ, Jai Singh Road, New Delhi-110001.

2. The DCP, Outer – North District, Delhi Delhi-110034. ...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:

"i. To quash and Set aside the impugned order dated 20.08.2020 of the disciplinary authority as well as order of Appellate Authority dated 12.07.2021 as the same are being in contravention to the provisions of Article 311(2) of the Constitution of India as being illegal and arbitrary one and as well as against the guidelines of Circular dated 11.09.2007 of the respondent; and ii. Direct the respondents to forthwith reinstate the applicant in service; and iii. Accord all consequential benefits including back arrears; and iv. Accord costs of the proceedings in favour of the applicant; and v. To pass any such order or orders as may be deemed fit and proper by the Hon'ble Tribunal in the facts and circumstances of the case."

FACTS IN BRIEF ARE AS UNDER:

2. The applicant was appointed as Constable in Delhi Police on 01.06.1994 and was subsequently promoted to the rank of Head Constable.

2.1 The applicant had been issued a 9 mm pistol bearing No.

16458722 along with eight cartridges on 10.08.2020.

2.2 While working as Head Constable and posted at Police Station Shahabad Dairy, during the intervening night of 19/20.08.2020, he was detailed for night patrolling duty from 11:00 PM to 05:00 AM at Sector- 11, Rohini, Delhi. On 20.08.2020 at about 07:00 AM, an information was received at Police Station Budh Vihar that an unknown person had been brought dead to BSA Hospital by one Deviki Nandan, as recorded in MLC No. 4344/20.

2.3 However, on the same morning, the applicant allegedly under the influence of alcohol and carrying the government-issued 9 mm pistol reached the Police Station and stated that he had fired upon a man opposite Crown Plaza, Main Road. Consequently, FIR No.220/2020 dated 20.08.2020 (Annexure A-2) under Section 302 IPC was registered at Police Station Budh Vihar against the applicant.

2.4 One ASI Shri Krishan of PS Budh Vihar examined the service pistol and found five live cartridges and one fired cartridge case. The applicant was medically examined at Sanjay Gandhi Hospital, Mangolpuri. Thereafter, he was taken into custody and continues to face trial in the aforesaid criminal case.

2.5 On the very same day, a Preliminary Enquiry was ordered and conducted by ACP/HQ, Outer-North District. The Enquiry Officer observed that the circumstances of the case were extremely serious and that it would not be reasonably practicable to conduct a regular departmental enquiry due to the likelihood that witnesses may not come forward to depose against the applicant, considering his position as a police official. It was apprehended that the complainant and witnesses could be under constant fear or threat regarding their person and property, thereby rendering regular disciplinary proceedings impracticable.

2.6 In the said Preliminary Enquiry, it is also recorded that the alleged criminal act had gravely tarnished the image of the Delhi Police and amounted to gross misconduct and conduct highly unbecoming of a police officer.

2.7 In compliance with PHQ Circular No.5545-645/P. Cell/Vigilance dated 11.09.2007, the Preliminary Enquiry report was forwarded to Spl. CP/L&O (North) for concurrence to invoke the provisions of Article 311(2)(b) of the Constitution of India. The competent authority acc