Additional Commissioner Of ... vs Shri Ram Chhabilla
2011 Latest Caselaw 1677 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+                           W.P. (C.) No.12473/2005

%                         Date of Decision: 23.03.2011

Additional Commissioner of Police & Anr.                 .... Petitioners

                          Through Nemo.

                                  Versus

Shri Ram Chhabilla                                       .... Respondent

                          Through Nemo.


CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MS. JUSTICE VEENA BIRBAL

1.     Whether reporters of Local papers may be                No
       allowed to see the judgment?
2.     To be referred to the reporter or not?                  No
3.     Whether the judgment should be reported in              No
       the Digest?


ANIL KUMAR, J.

*

The Tribunal, by order dated 25th September, 2002, impugned

before us, had held that while allowing the appeal in part, the fresh

order of reduction in rank without any fresh detailed inquiry could not

be passed and any punishment order reducing the rank of the

respondent would be in violation of Article 311(2) of the Constitution of

India.

It was held that removing the name of the respondent from the

list D-I and D-II (Executive) would be reduction in rank, which could

not be done without a fresh inquiry. Therefore, second punishment of

reduction in rank, i.e., removing the name of the applicant from

promotion list D-I and D-II (Executive) would not be justifiable. No

other arguments were raised before the Tribunal.

No one is present on behalf of the parties.

The writ petition is, therefore, dismissed in default.

ANIL KUMAR, J.

MARCH 23, 2011                                   VEENA BIRBAL, J.
rs