Central Administrative Tribunal Principal Bench, New Delhi Orders reserved on : 06.10.2023 Orders pronounced on : 11.10.2023 Hon’ble Mr. R.N. Singh, Member (J)

Hon’ble Mr. Sanjeeva Kumar, Member (A)

Jagmal Singh S/o Sh. Daya Nand, R/o 1850, Sector 7, Bahadurgarh, Haryana, Pincode-124507.

(Aged about 59 years)

Group ‘C’

(Dismissed Sub-Inspector)

...Applicant (By Advocate: Shri Ajesh Luthra)

VERSUS

1. Commissioner of Police, Delhi Police Hdqrs. (New Building), Behind Parliament Street Police Station, New Delhi-110001.

2. Addln. Commissioner of Police (Traffic (HQ))

Delhi Police Hdqurs, (New Building)

Behind Parliament Street Police Station, New Delhi-110001.

...Respondents (By Advocate: Shri Amit Yadav)

O R D E R Hon’ble Mr. R.N. Singh, Member (J):

By filing the instant OA under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:- “(a) Quash and set aside the impugned order dated 11.02.2022 (Annexure A/1);

(aa) quash and set aside the impugned order dated 22.12.2022 (Annexure A-1/A)

(b) Direct the respondents to forthwith reinstate the applicant in service.

(c) accord all consequential benefits including seniority and back wages.

(d) Award costs of the proceedings in favour of the applicant.

(e) Any other relief which this Hon’ble Tribunal deems fit and proper in favour of the applicant.”

2. Brief facts of the case are that the applicant joined the service of the respondents on the post of Constable (Exe.) in Delhi Police on 01.05.1982 and thereafter he had earned three promotions, i.e., Head Constable, Asstt. Sub- Inspector and Sub-Inspector and has rendered around 40 years of service. However, it is alleged that while the applicant (SI (Exe.)) was deployed at Traffic Point Mundka for regulation and prosecution duties, on 8.2.2022, he was sitting in gray Maruti Brezza Car parked at Mundka Insustrial Area, Rohtak Road (towards Tikri Border) and other staff was standing nearby on the road. A CBI personnel team reached the above spot to apprehend the applicant in case FIR No.RC-DAI-2022-A0004 dated 8.2.2022 of CBI, ACB, Delhi, as the applicant has allegedly accepted the bribe from the CBI complainant. When CBI team asked him to come out of the said car after disclosing their identity, the applicant accelerated the vehicle and tries to run over the CBI team and one Inspector of CBI, namely, Shri Anil Kumar got injured in his right arm and elbow. A case FIR No.339 dated 8.2.2022 under Sections 186/353/332 of IPC was registered at P.S. Mundka Outer District Delhi against the applicant. Later on the applicant was arrested by the CBI team. However, on the basis of said FIR, the Disciplinary Authority by invoking the power under Article 311(2)(b) of the Constitution of India had passed the impugned order dated 11.2.2022 (Annexure A/1) dismissing the applicant from service and a statutory appeal preferred by the applicant against the said order of the Disciplinary Authority, the Appellate Authority has rejected the applicant’s said appeal vide order dated 22.10.2022 (Annexure A/1A). Hence, the applicant has filed the present OA for redressal of his grievances.

3. Pursuant to the notices, the respondents have filed their counter reply opposing the claim of the applicant and prayed for dismissal of the same. The applicant has filed rejoinder besides refuting the contents of the counter reply has reiterated the averments made in the OA.

4. We have heard the learned counsels for the parties and perused the pleadings on record as well as the judgments relied upon by the learned counsels for the parties.

5. The facts and reasons for passing the impugned order dated 11.2.2022, are evident from a few paragraphs of the same, which read as under:- “The conduct of SI (Exe.) Jagmal Singh, No.

1150/D is unbecoming of a police officer. Very serious allegations have been leveled against him. He has violated all norms of ethics and morality by indulging himself in such a crime. He has lowered the image of Police Departmen