UNION OF INDIA & ORS. vs OM PRAKASH VERMA SSF CT.NO.1432

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 01.12.2025 Pronounced on:07.01.2026 + W.P.(C) 16919/2025 & CM APPL. 69554/2025, CM APPL. No.69555/2025 UNION OF INDIA & ORS. ….Petitioners Through: Mr. Shashank Dixit, CGSC with Mr. Kunal Raj, Adv. versus OM PRAKASH VERMA SSF CT. NO. 1432 ....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN JUDGMENT MADHU JAIN, J. 1. This petition has been filed, challenging the Order dated 06.01.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ‘Tribunal’) in O.A. No. 1059/2021, titled as Om Prakash Verma v. Union of India & Ors., whereby the learned Tribunal allowed the said O.A. filed by the respondent herein, observing as under: “12. From the aforesaid, it is apparent that though the Inquiry Officer has taken on record all the documents listed as documents in support of the allegations against the applicant and reflected under the Annexure (iii) of the memorandum dated 01.08.2018, however, none of the documents have been proved by the respondents before the Inquiry Signature Not Verified Signed By:RENUKA W.P.(C) 16919/2025 Page 1 of 18 NEGI Signing Date:07.01.2026 18:50:35 Officer. It is also apparent that the Charged Officer was required to submit his defence brief before the Inquiry Officer more than a month before the Presenting Officer has submitted the brief in support of the allegations. The same is found to be in violation of the provisions of Rule 14(19). It is further observed that in the case in hand, in place of respondents to prove the allegations, the applicant was required to prove his innocence which is also against the provisions of Rule 14 and settled law on the subject. 13. In his Inquiry Report,