This writ petition by the Delhi Government challenged an order of the Central Administrative Tribunal quashing a censure penalty imposed on an Inspector for failing to record robbery charge in an FIR. The Court dismissed the petition, holding the writ has no merit.
The writ petition has no merit and is accordingly dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 12th January, 2016
JOINT COMMISSIONER OF POLICE AND ORS ... Petitioner Through Ms. Iram Majid, Advocate.
versus
INSPECTOR RAJ SINGH ..... Respondent
Through
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAJMI WAZIRI
SANJIV KHANNA, J.
This writ petition by the Government of NCT of Delhi impugns
order dated 27th May, 2015, passed by the Central Administrative Tribunal, Principal Bench (Tribunal, for short) in OA No.3244 of 2013
quashing the penalty of ‘censure’ imposed on the respondent Inspector Raj Singh.
W.P.(C) 240/2016
1 of 3
forum that can substitute its opinion for that of the disciplinary authorities, but this is a case wherein there was non-application of mind to the relevant facts. The respondent’s version in his response to
the show cause notice was not adverted to and given due acknowledgment while imposing punishment of ‘censure’ and in the appellate order confirming the said order.
instructions to the Investigating Officer to take steps and proceed in accordance with law. Further, the relevant facts including the statement of the complainant were brought to the notice of the seniors and relevant Sections were invoked after seeking approval of the Assistant Commissioner of Police, Bawana, Delhi. Another ground raised by the respondent was that no action against ASI Raj Kumar, the Investigating Officer was initiated and taken.
SANJIV KHANNA, J.
NAJMI WAZIRI, J.
JANUARY 12, 2016 NA/VKR
W.P.(C) 240/2016 Page 3 of 3
3 issues framed by the court
Whether the writ petition challenging the Tribunal's order quashing a penalty of censure imposed on a police inspector has merit.
Whether there was non-application of mind by the Tribunal in concluding that the punishment of censure was not justified.
Whether the respondent's version concerning his role as SHO and instructions to the Investigating Officer was considered by the disciplinary authorities.
Joint Commissioner of Police and Ors
Inspector Raj Singh
Sanjiv Khanna
Najmi Waziri
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
