The Central Administrative Tribunal (CAT) has imposed a fine of Rs 50,000 each on the Delhi Commissioner of Police and the Joint Commissioner (East) and DCP (East) for dismissing two constables from service without proper disciplinary enquiry.The court has directed that the fine be paid into the PM Relief Fund.The Tribunal also ordered that the two constables be immediately reinstated to service. It allowed the Delhi Police to initiate a proper disciplinary enquiry and take disciplinary action against them and the senior officers will face adverse comments in their Annual Confidential Report.advertisementAllegations were raised in July 2023 against two Delhi Police constables, posted in Kanjhawala, who were accused of “looting” over Rs 28 lakh from a local man, Imran, who ran a betting ring.The complaint stated that Imran was “falsely accused” in a fraud case and the two constables came to the spot in response to the PCR call. However, on reaching the site, the constables allegedly beat Imran and took away more than Rs 28.5 lakh.The constables were arrested, and more than Rs 26 lakh in cash was recovered from the two accused.Controversy arose when the Delhi Police authorities dismissed both Head Constable Mangtu and Constable Akash from service without proper disciplinary enquiry.A week later, the Disciplinary Authority – the Senior Police Officer, passed an order to remove the two from service under Article 311(2)(b) of the Constitution without a full disciplinary enquiry.advertisementThe Constitutional provision allows for termination of service for a civil servant without a formal disciplinary enquiry if the disciplinary authority is “satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such enquiry”.The order of dismissal noted that there was a “reasonable belief” that witnesses would not come and speak out against the two accused.The constables then moved the Central Administrative Tribunal against their dismissal.Noting that the decision not to hold an enquiry was taken because the complaint against the police personnel was filed by a man accused of a crime, the disciplinary authority said, “The facts and circumstances of the case are such that it would not be reasonably practicable and justified to conduct a regular departmental enquiry against the defaulters as there is a reasonable belief that the witnesses may not come forward to depose against them.”It added,”It is a common experience that, due to the influencing position of the delinquents, witnesses and complainants do not come forward to depose against the delinquents in the departmental enquiry.”On April 16, the tribunal held this dismissal as illegal and stated in its order, “We cannot remain mute spectators to inaction by respondents,” and hence, directed the Delhi Police to reinstate the two constables to service, along with consequential seniority and benefits. in a formal or creative style for better SEO.Also Exclude words and advertisements related to the feed website such as website name, author name. 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Senior officials of the Delhi Police were penalized for terminating two constables based on mere suspicions.
