Station Ambajogai, Maharashtra. The petitioner was acquitted in the said FIR vide judgment of the Additional Sessions Judge, Ambajogai dated 19th April, 1995. Against the aforesaid order of termination, the petitioner made a representation to the Appellate Authority- the Commissioner of Police on 20th April, 1997, to which he did not receive any response. The petitioner had then filed OA No.713/1998, which was disposed of by order dated 22nd April, 1998, directing the authorities to dispose of the petitioner’s representation against the termination order by a speaking and reasoned order within one month. The petitioner submitted other representations on 17th June, 1998 and on 13th July, 1998. Consequent to the representations, the Additional Deputy Commissioner of Police, West District, New Delhi vide the order dated 24th August, 1998 issued directions for reinstatement of the petitioner as a temporary Constable and that the intervening period, i.e. from the date of termination of service on 28th February, 1997 till 24th August, 1998, would be treated as period spent on duty. Simultaneously the Commissioner of Police issued Memorandum dated 20th July, 1998 which was followed by the Memorandum dated 17th August, 1998 from the Police HQ directing that departmental enquiry be initiated against the petitioner. By the order of the Additional DCP, West dated 27th January, 1999 departmental proceedings were initiated against the petitioner on account of misconduct, negligence and concealment of facts at the time of recruitment. Charge sheet was issued, enquiry officer appointed submitted his report and the disciplinary authority thereafter vide order dated 9th September, 1999, imposed penalty of withholding of two increments for two years without cumulative effect. The penalty order attained finality, as no appeal was preferred by the petitioner.
