COMMISSIONER OF POLICE AND ORS vs SANJAY KUMAR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 19.03.2025 Pronounced on: 22.04.2025 + W.P.(C) 10175/2023 & C.M. APPL. No. 39434/2023 COMMISSIONER OF POLICE AND ORS .....Petitioners Through: Ms. Archana Sharma, SPC versus SANJAY KUMAR .....Respondent Through: Mr. Puneet Singh Bindra, Mr. Vivek Kadyan, Ms. Charu Modi, Mr. Rishabh Gupta, Ms. Kriti Dang, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR JUDGMENT RENU BHATNAGAR, J. 1. The present writ petition has been filed on behalf of the petitioners under Article 226 read with Article 227 of the Constitution of India against the Order dated 28.04.2023 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred as ‘Tribunal’) in Original Application (‘OA’) 1909/2018 titled Sanjay Kumar v. Government of NCTD, through the Chief Secretary, Govt. of NCTD and Ors., whereby the learned Tribunal, while partly allowing the OA set aside the Orders dated Signature Not Verified Signed By:VIJAYA W.P.(C) 10175/2023 Page 1 of 16 LAKSHMI DOBHAL Signing Date:23.04.2025 16:14:54 09.07.2016, and 27.11.2017, by which the petitioner had been dismissed from service and his appeal against the same had also been dismissed, giving directions to the petitioners to reinstate the respondent from the date of his dismissal alongwith all consequential benefits in accordance with law. However, the learned Tribunal granted liberty to the petitioners to initiate the disciplinary proceedings against the respondent in accordance with law. FACTS OF THE CASE 2. In a nut shell, the background of the case is that the respondent/Sanjay Kumar was appointed as a Constable in Delhi Police on 11.09.1989. 3. On 03.07.2016, a complaint was made by Mrs. Jyoti w/o Sh. Vijender Singh, r/o