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2026 Supreme(Online)(Del) 249

IN THE HIGH COURT OF DELHI AT NEW DELHI
Navin Chawla, Madhu Jain, JJ
COMMISSIONER OF POLICE AND ORS – Appellant
Versus
CONSTABLE SANJAY KUMAR DUBEY – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Ankit Raj, SPC, Mr.Vikram Kumar, Mr.Ali Mohd.Khan, Mr.Digvijay Singh
For the Respondents: Mr.Arshdeep Singh Khurana, Mr.Harsh Srivastava, Mr.Sidak Singh Anand

Table of Content
1. challenge to tribunal's order and background of the case. (Para 1 , 2 , 4 , 5 , 6 , 12 , 13 , 14)
2. petitioners' submissions on the legality of the enquiry. (Para 15 , 18 , 21 , 23)
3. respondent's arguments regarding evidence and procedural defects. (Para 26 , 27 , 28 , 30)
4. court's analysis of evidence and procedural conduct. (Para 34 , 35 , 36 , 38 , 39)
5. court's finding on the basis of evidence and the validity of the decision. (Para 41 , 42 , 46)
6. final conclusion dismissing the writ petition. (Para 47 , 48)

JUDGMENT

MADHU JAIN, J.

1. The present petition has been filed challenging the Order dated 02.08.2016, passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as ‘Tribunal’), in O.A. No. 2802/2013, titled Constable Sanjay Kumar Dubey v. Commissioner of Police & Ors., whereby the learned Tribunal allowed the said O.A. filed by the respondent herein with the following directions “11. In the circumstances and for the reasons stated, the OA is allowed. The report of theEO and the orders of Disciplinary Authority and Appellate Authority are quashed. The applicant will be entitled to all consequential benefits

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