DER Hon’ble Mr. B. Anand, Member (A):

1.The present Original Application (O.A.) is the second round of litigation. In the first round, this Tribunal, vide order dated 12.12.2018, dismissed the O.A. as being devoid of merit. Aggrieved thereby, the applicant approached the Hon’ble High Court in W.P. (C) No. 9786/2019. The Hon’ble High Court, vide order dated 18.11.2024, quashed and set aside the said order and remanded the matter to this Tribunal for fresh consideration, primarily on the ground that the earlier order was unreasoned and, therefore, unsustainable in law.

2. Pursuant thereto, the matter was heard afresh. Written submissions were filed by both parties, and after hearing learned counsels at length, orders were reserved.

3. The brief factual matrix of the case is that the applicant was initially recruited on 12.08.1991 as a Constable in the Delhi Police. While serving in that capacity, he was subjected to disciplinary proceedings for remaining absent from duty in an unauthorized and willful manner. The allegations state that, while posted in the East District, the applicant failed to report for duty on 25.04.2007 and was accordingly marked absent vide DD No. 51 dated 25.04.20