GNCT OF DELHI THROUGH COMMISSIONER OF POLICE vs KISHOR KUMAR

Judgment text excerpt

$~4 (02.03.2026) * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 28th March, 2026 + W.P.(C) 6255/2016 GNCT OF DELHI THROUGH COMMISSIONER OF POLICE .....Petitioner Through: Mr. Neeraj, SPC with Mr. Sahaj Garg, Adv. versus KISHOR KUMAR .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN J U D G M E N T (ORAL) AMIT MAHAJAN, J. 1. This matter has been listed today on account of declaration of holiday on 02.03.2026 by notification No. 64/G-4/Gen1.-I/DHC dated 27.02.2026. 2. The present Petition is filed assailing order dated 26.02.2016 (hereinafter ‘impugned order’) passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter ‘Tribunal’) in O.A. No. 3526/2013, whereby the Original Application filed by the Respondent/ Mr. Kishore Kumar was allowed. 3. Briefly stated, the Respondent was working as SHO at Sarojini Nagar Police Station. The Respondent was issued an Explanation Notice dated 27.01.2011, seeking explanation as to why he had not removed encroachment in front of shops and on pavements in Sarojini Signature Not Verified Signed By:HARMINDER W.P.(C) 6255/2016 Page 1 of 6 KAUR Signing Date:01.04.2026 16:15:19 Nagar Market. 4. The Reply submitted by the Respondent to the above Notice, was found unsatisfactory by the Disciplinary Authority and he was issued the Show Cause Notice dated 23.02.2011, proposing a punishment of censure for the lapse and inaction. 5. The Respondent submitted his Reply to the above Notice, explaining that the removal of the encroachment from the market concerned was the duty of the land-owning agency i.e. NDMC and one inspector of NDMC and his staff was also present in the Sarojini Nagar market area for the purpose of removing illegal encroachmen