Ramesh Chand vs Commissioner Of Police, Delhi And ...
1999 Latest Caselaw 526 Del

ORDER

1. Leave granted.

2. Heard learned counsel for the parties.

3. The appellant has been dismissed from service after finding him guilty in a departmental proceeding and he lost in appeal as well as in the writ petition filed in the High Court. The finding of guilt having been based on the materials in course of a departmental proceeding cannot be interfered with. But, taking into consideration that the appellant has already put in 28 years of service and an order of dismissal would be very harsh and would deprive him of the retrial benefits also, this Court issued limited notice as to why the order of dismissal should not be converted to the one of compulsory retirement in the context of facts of the present case. The respondents have entered appearance and field show cause.

4. Having heard the learned counsel for the parties and having applied our mind to the facts and circumstances of the present case, we are of the considered opinion that this is a fit case where an order of dismissal should be substituted by the punishment of compulsory retirement. We accordingly direct that the order dismissing the appellant should be one of compulsory retirement.

5. This appeal is disposed of accordingly.