Ombir Singh v. Govt. of NCT of Delhi and Ors

ORDER

31.10.2011 On the charge of illegally arresting one Mr. Amit Kumar at the instance of one Sh.Radhey Shyam when the place of alleged incident was also not within the jurisdiction of the petitioner (then posted as Head Constable in P.S. Khajuri Khas, Delhi) and falsely implicating him in a case, the petitioner was chargesheeted and inquiry held against him. During the inquiry, as many as seven prosecution witnesses were examined and the charge was proved . The report of the Inquiry Officer was duly considered by the disciplinary authority and accepted after opportunity being given to the petitioner to make representation against those findings. On that basis, punishment of forfeiture of two years of approved service was awarded to the petitioner. The departmental appeal of the petitioner also failed. Thereafter, the petitioner challenged the said penalty imposed upon him by filing O.A. before J Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. ; - J "' the Tribunal. The petitioner challenged the conduct of inquiry on various grounds including on the ground that preliminary inquiry report was not furnished to the petitioner inspite of request. We find from the well written order of the Tribunal that all these grounds are duly considered. The Tribunal has rightly recorded that the Preliminary Inquiry Report was not made part of the charge sheet nor it was relied upon. If full-fledged inquiry was held, and in this inquiry on the basis of evidence produced, charge was established, the preliminary inquiry lost its importance. The Tribunal has relied upon the judgment of Supreme Court in the case of Narayana Dattatraya Ramateerthakhar Vs. State of Maharashtra, AIR 1997 SC 2184. We find from the order of the Tribunal that each and every argument raised by the petitioner has been rightly considered and brushed aside. We do not find any merit in this petition which is accordingly dismissed. OCTOBER 31,2011 skb RAJIV SAHAI ENDLAW, J

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7757/2011 OMBIRSINGH Versus Through ..... PETITIONER Mr. Shyam Babu, Advocate with Mr. Shekhar Kumar, Advocate. GOVT. OF NCT OF DELHI AND ORS ..... RESPONDENT • Through Ms. Zubeda Begum, Advocate. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI END LAW