Govt. of NCT of Delhi & Anr v. Amit Kumar

MOOL CHAND GARG, J

PRADEEP NANDRAJOG,J JULY 12, 2010 dc/ag/anb

[WP(C)No.8929/2009 Page 1 of 7] * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8929/2009 Date of Decision:12th July, 2010 GOVT. OF NCT OF DELHI & ANR. ..... Petitioners Through: Mr. S.P.Sharma, Advocate Versus AMIT KUMAR ..... Respondent Through: Ms. Avnish Ahlawat, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MOOL CHAND GARG 1. Whether reporters of Local papers may be allowed to see the judgment? 2. To be referred to the reporter or not? 3. Whether the judgment should be reported in the Digest? : MOOL CHAND GARG, J. (Oral) * 1. The respondent, Amit Kumar, was appointed as Constable in Delhi Police on 29.03.2006. He was called upon to file an Attestation Form along with an undertaking in the requisite proforma, as supplied by the petitioners to him. He did submit the Attestation Form along with an undertaking. The relevant portion of the undertaking reads as under:- "I Amit Kumar s/o Samarpal Singh r/o RZ-6C, New Gopal N, Najafgar, New Delhi – 43 Roll No. 826681 do hereby solemnly affirm that I have not concealed any fact in the Application Form as well as in the Attestation Form. I further declare that I have neither been involved in any criminal case nor been arrested/prosecuted/convicted/ bound/over/interned/externed as well as not dealt with under any law in force in any criminal case. No criminal case or court proceeding is pending against me at present." 2. On 29.08.2006 without issuing any show cause notice or warning, the respondent was dismissed from service on the ground [WP(C)No.8929/2009 Page 2 of 7] that he concealed fact about his involvement in FIR No.88/2001 registered under Section 147/452/323/504/506 IPC at Police Station Garhi Pukhta, in which a compromise took place on 7.10.2001. The representation made by the respondent against the aforesaid order was without any success. It is, thereafter, the respondent filed an Original Application bearing No. 318/2007 before the Central Administrative Tribunal, Principal Bench (hereinafter referred to as the "Tribunal") which was partly allowed by the Tribunal vide order dated 18.09.2007 and the petitioners were directed to accord a reasonable opportunity to the respondent by issuance of show cause notice etc. and adopting due process of law. 3. Accordingly, a show cause notice was served upon the respondent on 28.11.2007 to which the respondent submitted his reply dated 04.12.2007 contending therein that non-mentioning of criminal case was due to the fact that the respondent was not aware of his involvement in the said FIR inasmuch as he was neither arrested nor prosecuted in that case. He never received any communication about his involvement in that case either from the Court or from the Police before he was informed by the In-charge Police Station that the Closure Report in the case has been filed. 4. On 11.12.2007 the above show cause notice was withdrawn on the administrative ground but again a fresh show cause notice was issued, which was in the nature of termination by invoking provisions of Rule 5 (1) of the CCS (Temporary Services) Rules, 1965. It was also defended by the respondent by reiterating that there was no occasion for him to conceal his alleged involvement in a criminal case. 5. The petitioners rejected the explanation and again terminated the services of the respondent. The respondent then approached the Tribunal again by filing an OA No.553/2008 which stands allowed by the Tribunal vide order dated 26.09.2008. The petitioners thereafter filed Review Application No. 170/2008, which was dismissed by the Tribunal vide order dated 28.11.2008. 6. The petitioners have approached this Court aggrieved of the [WP(C)No.8929/2009 Page 3 of 7] order passed by the Tribunal and pleads that on account of concealment of his involvement, the respondent has violated the rules framed by Delhi Police and has made himself liable to be terminated forthwith and accordingly, the order passed by them terminating his services was justified