DELHI POLICE THROUGH COMMISSIONER OF POLICE AND ANR vs OM PRAKASH

Judgment text excerpt

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 26/2025 AND CM APPLs.63-65/2025 DELHI POLICE THROUGH COMMISSIONER OF POLICE AND ANR .....Petitioners Through: Mr. Ashish K. Dixit, Central Govt. Standing Counsel with Mr. Shivam Tiwari, Ms. Urmila Sharma, Ms. Deepika Kalra and Ms. Venni Kakkar, Advs. versus OM PRAKASH .....Respondent Through: Mr. B.S. Jarial, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT (ORAL) % 07.01.2025 C. HARI SHANKAR, J. 1. The respondent was recruited as Head Constable in the Delhi Police. While he was working as Constable, FIR 764/1980 was registered against him under Sections 302/34 and 330/34 of the Indian Penal Code, 18601. He was convicted by the leaned Session Judge by judgment dated 2 February 1993 and awarded life imprisonment. Successive appeals, thereagainst, before the High Court and the Supreme Court failed. 2. Invoking proviso 2 to Article 311 of the Constitution of India, 1 the IPC Signature Not Verified Digitally Signed By:AJIT W.P.(C) 26/2025 Page 1 of 7 KUMAR Signing Date:15.01.2025 16:00:38 the respondent was dismissed from service vide order dated 4 January 2007. He appealed against the said order. The appeal was dismissed by the appellate authority on 9 August 2007. 3. Aggrieved thereby, the respondent approached the Central Administrative Tribunal, Principal Bench2, by means of OA 1755/2007. The Tribunal, vide judgment dated 18 December 2007, set aside the order of dismissal and directed that the respondent be reinstated in service from the date of his dismissal from 4 January 2007. In the interregnum, the respondent retired from the service on 31 May 2008. 4. In compliance with the order dated 18 December 2007 passed by the Tribunal in OA 1755/2007, the respondent was reinsta