GOVT OF NCT OF DELHI AND ORS vs VISHAMBAR DAYAL

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15272/2023 & CM APPL. 61170/2023 GOVT OF NCT OF DELHI AND ORS …..Petitioners Through: Mr. Farman Ali, SPC with Ms. Laavanya Kaushik, GP and Ms. Usha Jamnal, Adv. versus VISHAMBAR DAYAL .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 06.02.2025 C. HARI SHANKAR, J. 1. The respondent was appointed as Constable in the Delhi Police in 1990. On the allegation that he had submitted a certificate to the effect that he belonged to the “Meena” caste, whereas he belonged to the “Thakur” caste, disciplinary proceedings were instituted against him vide office order dated 30 May 1994. 2. In the said proceedings, an Inquiry Officer was appointed, who found the charges to have been proved against the respondent. Consequent thereon, the respondent was dismissed from service by order dated 26 February 1999 passed by the Deputy Commissioner of W.P.(C) 15272/2023 Signature Not Verified Page 1 of 12 Signed By:MEENU KALRA Signing Date:12.02.2025 12:17:40 Police1. 3. An appeal, preferred against the said order, was also dismissed by the Appellate Authority on 15 November 2012. 4. In the meanwhile, criminal proceedings were also instituted against the respondent, on the same allegation and based on the same evidence. 5. The said proceedings culminated in judgment dated 31 January 2012, passed by the learned Metropolitan Magistrate2, Delhi. 6. A reading of the judgment of the learned MM discloses that the case of the prosecution failed because the prosecution was unable to cite any witnesses to support its case against the respondent. We may reproduce, for ready reference, the concluding paragraphs from the judgement of the learned MM, thus: “9. The prosecution in this