DELHI POLICE THROUGH COMMISSIONER OF POLICE AND ANR vs OM PRAKASH

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 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