CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH

OA 3506/2013

Reserved on 13.12.2018

Pronounced on 19.12.2018

Hon’ble Mr. K.N.Shrivastava, Member (A)

Hon’bleMr. S.N.Terdal, Member (J)

Kishor Kumar,

R/o F-21, Brahm Aptt.,

Plot No. 7,Sec-7, Dwarka,

New Delhi-110075.

… Applicant

(By Advocate: Mr. M.K.Bhardwaj )

VERSUS

Commissioner of Police & Ors: Through

1. The Commissioner of Police,

PHQ, MSO Building, IP Estate,

New Delhi-02

2. The Joint Commissioner of Police,

Southern Range, New Delhi.

3. The Addl. Commissioner of Police,

West Distt., New Delhi.

… Respondents

(By Advocate: Mr. Vijay Pandita)

O R D E R

(Hon’ble Mr. S.N.Terdal, Member (J):

Heard Mr. M.K.Bhardwaj, counsel for applicant and Mr. Vijay

Pandita, counsel for respondents, perused the pleadings and all the

documents produced by both the parties.

2. In this OA, the applicant has prayed for the following reliefs:

“(i)

To quash and set aside the impugned order dated

08.11.2012 & 27.05.2013.

OA 3506/2013

2

(ii)

To declare the disciplinary proceedings initiated against the

applicant vide show cause notice dated 03.10.2012 as

illegal and unjustified.

(iii)

To allow the OA with cost.

(iv)

To pass such other and further orders which their lordships

of this Hon’ble Tribunal deem fit and proper in the existing

facts and circumstances of the case.”

3. The relevant facts of the case are that a Show Cause Notice

(SCN) was issued to the applicant for the lapse on his part found

during the surprised check made during the night intervening

27/28.09.2012 for not being present in the Police Station. The SCN is

extracted below:

“During night intervening 27/28.09.12 a surprise check

was

made

by

command

room

PCR

about

the

availability/presence of SHOs in the police station as per

the direction of the worthy CP, Delhi. But you

Inspr.Kishore Kumar D-3249 (SHO/Tilak Nagar) was not

found present in the police station. This is a serious act of

indiscipline, insubordination and violation of the directions

of senior officers.

The above act on the part of Inspr. Kishore Kumar

D-3249 amounts to grave misconduct, negligence and

dereliction in the discharge of his official duty.

He is, therefore, called upon to show cause as to why

his conduct should not be censured for the above said

lapse. His written reply, if any, should reach this office

within 15 days from the date of its receipt, failing which it

will be presumed that he has nothing to say in his defence

and ex-parte decision will be taken on merits.”

The applicant submitted his reply to the SCN stating that during that

time as he was entitled to and as such he had proceeded to his

residence for weekly rest after making the relevant DD entry. The

relevant portion of the reply is extracted below:

OA 3506/2013

3

“In this regard it is submitted that during the intervening

night of 27/28-9-2012 I had proceeded to my residence for

weekly rest vide DD No. 3 dated 28.9.2012 at 12.30 AM. I

assure your good self I shall be extra caution in future.

There is no lapse on the part of the undersigned in this

regard. It is, therefore, requested that the, show cause

notice my be filed please.”

The competent authority after considering his written reply noted that

the said DD entry was made without seeking permission of the

competent authority and he remained absent in violation of the

direction of the Commissioner of Police and that it was made on his

own without informing any of his superior, namely, either ACP or the

Dy. Commissioner of Police concerned and that it amounted to

insubordination. Giving the above stated reasons the competent

authority vide order dated 8.11.2012 “Censured” the applicant. The

relevant portion of the impugned order is extracted below:

“I have perused his written reply. He made his departure

entry at 0030 Hrs vide DD No. 3-B dated 28.09.12 without

seeking permission from competent