same charge and they cannot be punished departmentally as per the said rule and ii numberprior permission of Additional Commissioner of Police was obtained for initiating the Departmental inquiry against the appellants, as enjoined in rule 15 2 of the Rules.
F.16/297/90/662/CR I, dated 10.1.94, who was dismissed from the service vide this office order No.
The Tribunal Passed the order against the appellants A.No.1583/89 On merits, identical companyclusion was reached by the Tribunal in both the cases.
The relevants facts which have given rise to this appeal are as follows All the three appellants attached to the Delhi Police, 9th Bn.
On facts, it was held that the punishment imposed on the appellants is vitiated for two reasons i the punishment violated rule 12 of the Delhi Police Punishment and Appeal Rules, 1980, since the appellants were acquitted by the Criminal Court on the .
It so happened, that the disciplinary authority, who passed the order and the appellate authority, who affirmed it in the case of Shri Satya Parkash, were different.
1637/90, were involved in the same incident and proceedings against them were initiated departmentally and in criminal companyrt on identical charges.
The appellants have prayed for setting aside or annulling the order of the Central Administrative Tribunal, Principal Bench, New Delhi hereinafter referred to as the Tribunal dated 224.1994 rendered in O.A. No.
It was further held that the disciplinary authority dealt with the matter rather casually and the appellate and the revisional authorities did number apply their mind.
3554 3654/P W , dated 24.7.89 is hereby re instated in service from the date of his dismissal i.e. 24.7.1989.
On facts, when the appellants as well as Shri Satya Parkash, were proceeded against both departmentally and by way of criminal prosecution on similar charges and all of them have been acquitted by the Sessions Court and the Tribunal also held that the punishment imposed on all of them is based on numberevidence and number in accordance with law, in the absence of very relevant and exceptional circumstances, the companysequential order should also be of similar import in both the cases.
D.A.P. along with Shri Satya Parkash, working in West District, were posted in Jeep No.
1583/89, the Tribunal annulled the orders of punishment passed against the appellants as based on numberevidence, and number in accordance with law.
and PHQs Memo No.
Moreover, the companysequential order passed in the case of Shri Satya Parkash Annexure P I dated 14.12.1993, was number adverted to by the Tribunal.
The Sessions Court passed the judgment dated 25.11.1989.
the above said persons picked up one Shri Mohan Lal and extracted a sum of Rs.365/ giving him threat of arrest, stating that he was a smack drug addict.
On perusal of the relevant records, it is clear that the appellants, three in number, and Shri Satya Parkash, the applicant in OA No.
1637/90 Ex.
The appeals filed by them were dismissed by the Addl.
The order so passed was given effect to by the Deputy Commissioner of Police, West District, New Delhi, in the following terms, as is evident from Annexure P 1 at page 21 of the paper book.
652/W vs. UOI and Ors.
It should, however, be stated that when the appellants approached the Tribunal, they had challenged the order of dismissal dated 23.9.1988, as affirmed in appeal by the order of the Additional Commissioner of Police dated 9.3.1989.
The order of the Tribunal in the case of Shri Satya Parkash O.A. No.1637/90 is dated 14.12.1993.
Commissioner of Police on 2.3.1989.
The Tribunal did number pass any companysequential order in the case of Shri Satya Parkash and the Department passed the companysequential order Annexure P 1 at page 21 of the Paperbook extracted hereinabove , reinstating him with all back wages and other companysequential benefits.
The Tribunal annulled the order of punishment imposed against the appellants, as one number in accordance with law.
The order of revision was passed long after the filing of the application filed by the appellants before the Tribunal.
It is thereafter, they filed A. No.1583/89 before the Tribunal and prayed for reinstatement in service with all companysequential benefits including back wages.
It is stated that the order of dismissal passed against one Shri Satya Parkash who was also involved in the same incident, was annulled by the Tribunal in O.A. No.1637/90 by order dated 14.12.1993, and in giving effect to the said order the respondents by order Annexure P I dated 17.1.1994 reinstated the said Shri Satya Parkash with back wages and other companysequential benefits.
In Satya Parkashs case the Tribunal by order dated 14.12.1993 quashed the order of the disciplinary as well as that of the appellate authority as one based on numberevidence.
Similarly, in the application filed by the appellants herein as O.A.No.
They have number been treated fairly or reasonably in the matter.
The revisional authority only affirmed the decision of the disciplinary authority, as affirmed in appeal.
The appellants herein were suspended on 18.12.1985.
They were dismissed from service by order dated 23.9.1988.
Satya Parkash, No.
The said criminal case ended in clean acquittal of all the appellants and also Shri Satya Parkash.
that the application filed before the Tribunal in August 1989 was number amended challenging the later order passed by the revisional authority dated 21.2.1990.
In the meanwhile, Shri Mohan Lal, the alleged victim, had also launched a criminal prosecution against the appellants and Shri Satya Parkash.
By its order dated 14.12.1993, the Tribunal quashed the order passed by the disciplinary authority as well as the appellate authority.
In pursuance of decision of Central Administrative Tribunal, New Delhis order dated 14.12.1993 in OA No.
However, the Tribunal declined to award back wages on the ground.
Sd DEEPAK MISHRA DY.
There are three appellants in this appeal.
1583/89 to the extent of denial of back wages on reinstatement.
He will draw pay and allowances admissible to him under rules from the date of dismissal together with all the companysequential benefits subject to the declaration under F.R.53 2 produced by him on a affidavit attested by a Ist Class Magistrate.
Head Constable No.10152 D.A.P., Shri Devinder Singh, Constable No.10744, D.A.P. and 3 Shri Dharambir Singh, Constable No.10724, D.A.P., attached to Delhi Police, 9th Battalion, D.A.P The respondents herein are 1 the Delhi Administration, Delhi, 2 Commissioner of Police, Police Headquarters, New Delhi, 3 Additional Commissioner cf Police, Police Headquarters, New Delhi and 4 Deputy Commissioner of Police, 9th Bn.,
It is on record that Shri Satya Parkash filed a separate application before the Tribunal as O.A No.1637/90.
On the same allegations, criminal cases were lodged under section 395 I.P.C. for gross misconduct under section 21 of the Delhi Police Act against the delinquents.
The revision filed by them was also dismissed on 21.2.1990.
PARIPOORNAN.
The period from the date of issue of this order and to the date of joining his duties in Delhi Police will be treated as leave of kind due.
It was alleged that on 17.12.1985 at about 12.30 PM.
COMMISSIONER OF POLICE WEST DISTRICT NEW DELHI.
emphasis supplied In the application filed by the appellants, the Tribunal held that the judgment of the Sessions Court dated 25.11.1989 is one of clean acquittal of the appellants.
We heard Counsel.
DID 4625 in the area of Police Station Mangole Puri, New Delhi.
They are Sri Ramesh Chander, Ex.
Const.
A.P., Delhi.
SIP/08 No.227 325/P W , dated New Delhi, the 17.1.94.
the appellants, who are similarly situate, are discriminated against.
J. Special leave granted.
In the Departmental Inquiry, the charges were held proved.
It was held that this is a case of numberevidence and the finding arrived by the Inquiry Officer is unsustainable on facts.
