SURESH CHAND vs THE COMMISSIONER OF POLICE AND ORS

Judgment text excerpt

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 12.02.2026 + W.P.(C) 1985/2026 SURESH CHAND .....Petitioner Through: Mr. Shivanshu Bhardwaj, Adv. versus THE COMMISSIONER OF POLICE AND ORS .....Respondents Through: Mr. Gaurav Sharma, SPC along with Ms. Manpreet Kour, Mr. Sachin Singh, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN J U D G M E N T (ORAL) ANIL KSHETARPAL, J.: 1. The present Petition has been filed assailing the correctness of the order dated 28.10.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi [hereinafter referred to as ‘Tribunal’] in O.A. No.848/2022, while refusing to set aside the order dated 31.05.2021, declining compassionate allowance/pension as provided under Rule 41 of the Central Civil Services (Pension) Rules, 1972 [hereinafter referred to as ‘CCS Rules’]. 2. The Petitioner was working as a Constable, he along with other Constables, was assigned the duty of taking Under Trial Prisoner (UTP) in their custody for trial in Kanpur, Uttar Pradesh, wherein the UTP escaped. It was found that the UTP was a dangerous criminal and Signature Not Verified Signed By:JAI NARAYAN Signing Date:16.02.2026 W.P.(C) 1985/2026 Page 1 of 4 17:43:37 for this lapse, a departmental inquiry was held in which the Petitioner along with other constables were found to have indulged in misconduct. 3. The Petitioner was dismissed from service on 15.09.2009 by the Disciplinary Authority, which was upheld in an Appeal by the Appellate Authority on 27.01.2010. The Petitioner unsuccessfully challenged the order dismissing him from service by filing an O.A. No.828/2010, W.P.(C) 1465/2012 and SLP No.9992/2013. Thereafter, he filed an application for grant of compassionate allowance/pension, w