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Central Administrative Tribunal
Principal Bench
OA No.1674/2013
New Delhi, this the 20th day of December, 2018
Hon’ble Mr. Justice L. Narasimha Reddy, Chairman
Hon’ble Mr. K.N. Shrivastava, Member (A)
Ram Kishore Tyagi,
PIS No.28850674,
Ex. Constable of Delhi Police,
Aged about 48 years,
S/o Shri Dharambir Singh,
R/o 517/D, Gali No.6,
Vijay Park, Maujpur,
Delhi-53.
...Applicant
(By Advocate : Shri Anil Singal)
Versus
1. Govt. of NCT of Delhi,
Through Commissioner of Police,
PHQ, IP Estate, New Delhi.
2. Joint C.P. (Prov & Logistics),
PHQ, I.P. Estate, New Delhi.
3. DCP (Prov & Logistics),
Through Commissioner of Police,
PHQ, IP Estate, New Delhi.
4. Sh. R.K. Jha,
Then DCP (Prov & Logistics),
Through Commissioner of Police,
PHQ, IP Estate, New Delhi.
5. Ms. Shashi Bala (Enquiry Officer),
Then W/Inspector in DE Cell,
Through Commissioner of Police,
PHQ, IP Estate, New Delhi.
...Respondents
(By Advocate : Ms. Rashmi Chopra)
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OA No.1674/2013
ORDER (ORAL)
Justice L. Narasimha Reddy, Chairman :-
The
applicant
was
appointed
as
a
Constable in the Delhi Police in 1985. A charge memo
was issued to him on 15.06.2010, alleging that he
submitted false medical bills worth several lakhs in the
name of his father. It is also mentioned that an FIR was
registered in that behalf. The applicant submitted his
explanation and that not satisfied with the same, the
disciplinary authority appointed Inquiry Officer. A report
was submitted by Inquiry Officer on 09.04.2012, holding
that the charges against the applicant as proved. A copy
of the report was made available to the applicant and he
was
permitted
to
make
a
representation.
On
a
consideration of the report of the Inquiry Officer and the
explanation submitted by the applicant, the disciplinary
authority passed an order dated 17.08.2012, imposing
the punishment of dismissal from service. The applicant
preferred an appeal. The same was rejected through
order dated 04.03.2013. Hence, this O.A.
2. The
applicant contends
that the
disciplinary
authority has taken into account, certain allegations
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OA No.1674/2013
which are not part of the charges and the decision to
impose the punishment was taken, in violation of
principles of natural justice. It is also stated that though
a specific request was made to summon the defence
witnesses, that was not acceded to and his request for
change of the Inquiry Officer was also turned down. The
applicant contends that serious procedural lapses have
taken place in the matter and the order of punishment
deserves to be set aside.
3. The respondents filed counter affidavit opposing the
OA. It is stated that charges are serious enough not only
as regards the submission of fictitious bills but also
about filing of an FIR against him. It is stated that every
step in the inquiry was taken, in accordance with the
prescribed procedure and that the applicant was also
given ample opportunity to examine the witnesses. It is
stated that the list of witnesses furnished by the
applicant was fictitious and every effort was made by him
to drag the proceedings.
4. We heard Shri Anil Singal, learned counsel for
applicant and Ms. Rashmi Chopra, learned counsel for
respondents.
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OA No.1674/2013
5. The summary of allegations against the applicant
reads as under :-
“SUMMARY OF ALLEGATION
It is alleged against Const. Ram Kishor
Tyagi No.148/L (PIS No.28850674) (Under
Suspension) that a criminal Case FIR
No.435/08 U/S 420, 468, 471, 466 IPC
P.S. Welcome, Delhi was registered against
him on the allegation that he while posted
in North-East Distt. had submitted false
medical bills for Rs.225709/-, 331237/-,
487580/- and Rs.157648/-. He was
arrested in the case on 3/12/2008.
The above act on the part of Const.
Ram Kishor Tyagi No.148/L amounts to
gross
misconduct
and
indulgence
in
unlawful activities by taking advantage of
his post whic
