Shri Abhimanyu (508/L) vs Commissioner Of Police And Anr.
2001 Latest Caselaw 1842 Del

JUDGMENT

Khan, J.

1. Petitioner, a constable in Delhi Police, was charged of unauthorised absence. he was dismissed from service upon inquiry. He took appeal and revision against this but failed. He then filed OA No. 1645/95 and complained that respondents had committed breach of Rule 16(V)(vii) of Delhi Police (Punishment & Appeal) Rules 1980 by not affording him reasonable opportunity for filing list of witnesses and leading defense evidence.

2. Tribunal dismissed his OA by order dated 18.8.1999 in general terms and by placing reliance on its Full Bench judgment in Virender Kumar v. Commissioner of Police, (leading OA No. 139/92 and a batch of OAs decided on 28.7.1999).

3. Petitioner's short grievance is that Tribunal Full Bench judgment in Virender Kumar's case was not attracted to the issue raised by him in his OA and yet it had disposed of batch of OAs including his OA on misplaced reliance on this judgment and the judgment of Supreme Court in State of Punjab v. Bakshish Singh .

4. We have examined the record and the impugned Tribunal order and also Tribunal Full Bench judgment in Virender Kumar's case and have found that Tribunal had dealt with the petitioner's OA in a slip-shod manner without coming into the grips with the issues raised by him. We find that he had specifically complained of non-observance of requirements of Rule 16(v)(vii) of the Rules but Tribunal had failed to deal with this plea at any stage in its cryptic order. This order accordingly becomes unsustainable and is set aside. Petitioner's OA No. 1645/95 shall revive and be disposed of afresh on merits dealing with all the pleas raised by him and after hearing parties. Parties to appear before Tribunal on-----.