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Judgment
Hon’ble Mr. R. N. Singh, Member (J):
By filing the present O.A. under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought the following reliefs:-
“8.1To quash and set aside the impugned order dated 16.09.2021 passed by the Disciplinary Authority whereby the Applicant has been dismissed from service; the impugned appellate order bearing No. 2318-23/P.Sec./Western Range (SI/A) dated 05.05.2026 passed by the Joint Commissioner of Police (Western Range), Delhi, whereby the statutory appeal dated 29.12.2025 preferred by the Applicant has been rejected; and to further direct the Respondents to reinstate the Applicant back in service with all consequential benefits, including seniority, promotion and pay & allowances. And/Or
Any other relief which this Hon’ble Tribunal deems fit and proper may also be awarded to the Applicant.”
Learned counsel for the applicant submits that vide order dated 16.09.2021 passed by the Disciplinary Authority, the applicant was dismissed from service by invoking the provisions of Article 311 (2) (b) of the Constitution of India, without conducting any departmental enquiry, for his involvement in criminal case in FIR No. 454 dated 13.09.2021 under Sections 307 IPC and 25/27 Arms Act registered with PS Dwarka, South Delhi. Being aggrieved by the impugned dismissal order dated 16.09.2021, the applicant preferred a statutory appeal dated 29.12.2025 before the Competent Appellate Authority under Rule 25 of the Delhi Police (Punishment & Appeal) Rules, 1980 and the same was rejected by the respondents vide impugned order dated 05.05.2026. Learned counsel for the applicant submits that the applicant has been acquitted by the Learned Trial Court in the said case FIR vide Order/Judgment dated 15.07.2026 passed in SC No. 19/2022.
In light of the aforesaid and in this background, the respondents were to re-visit the order of penalty in view of provisions of the Rule 12 of the Delhi Police (Punishment & Appeal) Rules, 1980 at their own, however, till date the applicant’s representation dated 22.07.2026 (Annexure-A/13) has not been considered and disposed of by the respondents. Thus, the present O.A. 4. Issue notice to the respondents.
Ms. Neelima Rathore, learned counsel, who appears for the respondents on advance service, accepts notice.
In the facts and circumstances of the case, without going into the merits of the case and with the consent of learned counsels for the parties, the present O.A. is disposed of with a direction to the Competent Authority amongst the respondents to consider the applicant’s representation dated 22.07.2026 (Annexure-A/13) and to dispose of the same by passing a speaking and reasoned order as expeditiously as possible and preferably within 8 weeks from receipt of certified copy of this Order.
In view of the aforesaid, the present O.A. stands disposed of.
Associated M.A., if any, also stands disposed of accordingly.
However, there shall be no order as to costs.