NEW DELHI: The Principal Bench of the Central Administrative Tribunal (CAT) has overturned the dismissal orders against two Delhi Police officials, Akash and Mangtu, who were previously disavowed from service over their alleged involvement in a robbery case. The tribunal found that the dismissals, carried out without a regular departmental inquiry, violated established legal principles.
Akash, a Constable, and Mangtu, a Head Constable, were dismissed over allegations of robbing a complainant of `28,50,000 in July 2023. The Delhi Police had invoked Article 311(2)(b) of the Constitution to terminate them without conducting a formal inquiry, citing concerns that witnesses might be too intimidated to testify.
However, the CAT bench ruled that the dismissal orders were based on “assumptions, suspicion, and surmises” rather than firm evidence.
“It is apparent that the Disciplinary Authority has assumed as if the allegations made in criminal case (FIR) already stand proved and thus with this presumptions, the present impugned order has been issued... as the same being bad in law and being based on assumptions, suspicion and surmises,” the CAT held.
The tribunal pointed out that the authorities had not provided reasonable grounds when it ordered a preliminary enquiry, and that the Appellate Authority had also rejected the officers’ appeal mechanically. Finding that no effort had been made to conduct a departmental enquiry, the tribunal concluded that the authorities had improperly relied on Article 311(2)(b) to impose the penalty of dismissal.