9911796707
TMI Blog1995 (9) TMI 409X X X X Extracts X X X X X X X X Extracts X X X X ..... d abused the superior officer and created an ugly scene in their presence. The inquiry office is his report dated July 20,1085 found that the second charge was partly proved and the first charge had not been proved. The disciplinary authority, viz., Additional Deputy commissioner, disagreeing with the conclusions reached by the inquiry officer, issued a show cause notice on August 16, 1985 as to why both the charges should not be taken to have been proved. The appellant submitted his explanation and thereon by order dated September 6, 1986, the Additional Deputy Commissioner dismissed him from service. After unsuccessful appeal and revision, he approached the Central Administrative Tribunal in May, 1986. The Tribunal in its order dated Sept ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the disciplined police force. Therefore, dismissal from service is the appropriate punishment. 5. The first question that arises is whether the Additional Deputy Commissioner of Police is the competent authority. It is true that Section 11 of the Delhi Police Act, 1978 enumerates the authorities, viz., Additional Deputy Commissioners and Assistant Commissioner who assist the Deputy Commissioner of the District. That section provided : 11. Officers in charge of the police district and police sub-divisions and police stations. - (1) Each police district shall be under the charge of a Deputy Commissioner of Police who may be assisted in the discharge of his duties by one or more Additional Deputy Commissioners of Police. (2) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tention is then invited to Rule 6 of the Delhi Police (Punishment and Appeal) Rules, 1980 (for short, 'the Appeal Rules'), which reads: 6. Classification of punishments and authorities competent to award them. - (1) Punishments mentioned at Serial Nos. (i) to (vii) above shall be deemed 'major punishment' and may be awarded by an officer of the rank of the appointing authority or above after a regular departmental enquiry. 9. It is, therefore, contended that the Rule indicates that an officer of the inferior rank cannot exercise the power to impose major punishment. It is already seen that under Rule 4 of the Rules, the Additional Deputy Commissioner of the police is also one of the appointing authorities; and by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agree with the conclusions reached by the inquiry officer. In the absence of any ground or reason in the show cause notice it amounts to an empty formality which would cause grave prejudice to the delinquent officer and would result in injustice to him. The mere fact that in the final order some reasons have been given to disagree with the conclusions reached by the disciplinary authority cannot cure the defect. But, on the facts in this case, the only charge which was found to have been accepted is that the appellant had used abusive language on the superior authority. Since the disciplinary authority has said that it has agreed partly to that charge, the provisional conclusion reached by the disciplinary authority in that behalf even in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
