Tribunal quashes corruption charges against 47 constables
10 Dec 2012 10:01 AM GMT
In a relief to 47 Delhi police constables, whose two years of services were forfeited each on allegations of corruption, the Central Administrative Tribunal (CAT) has quashed the order against them and has directed to give them the consequential benefits.
‘The impugned orders...cannot be sustained and are hereby quashed and set aside. The applicants (constables) shall be given all consequential benefits from the date when the punishment was imposed, within a period of two months,’ said a CAT bench of its members George Paracken and Manjulika Gautam.
The order came on a bunch of petitions by 47 constables against whom the appellate authority of the Delhi police had ordered for ‘forfeiture of two years’ service permanently entailing proportionate
reduction in their pay and the period of suspension is treated as period not spent on duty.’ A departmental inquiry was initiated against these 47 constables in March 2009 on allegations that they had indulged in corrupt activities by receiving money from bus operators.
According to the appeal filed by them before the CAT, a departmental inquiry against them was initiated on basis of a CD made allegedly in a sting operation by complainant Chetan Prakash.
In their appeal, they said the CD was fabricated and cannot be reliedupon as Prakash is known for his nefarious activities and that he has inimical to police force because his father had been dismissed fromthe force.
They also said even the disciplinary authority, which had imposed punishment of forfeiture of four years of service on them in February last year, had mentioned that the sting was ‘indeed an illegitimate trap.’
They told the CAT that after the order was passed against them by the disciplinary authority, they submitted a detailed appeal on 14 March last year but appellate authority, ignoring their contentions,
disposed of their appeal on 14 September 2011.
They said in cases of demand and acceptance of illegal gratification, there is always recovery of money which is transacted but in this case there is no such recovery.
During adjudication of the plea, the police told the bench that in the CD, many of these constables were clearly visible while accepting the money.
‘The impugned orders...cannot be sustained and are hereby quashed and set aside. The applicants (constables) shall be given all consequential benefits from the date when the punishment was imposed, within a period of two months,’ said a CAT bench of its members George Paracken and Manjulika Gautam.
The order came on a bunch of petitions by 47 constables against whom the appellate authority of the Delhi police had ordered for ‘forfeiture of two years’ service permanently entailing proportionate
reduction in their pay and the period of suspension is treated as period not spent on duty.’ A departmental inquiry was initiated against these 47 constables in March 2009 on allegations that they had indulged in corrupt activities by receiving money from bus operators.
According to the appeal filed by them before the CAT, a departmental inquiry against them was initiated on basis of a CD made allegedly in a sting operation by complainant Chetan Prakash.
In their appeal, they said the CD was fabricated and cannot be reliedupon as Prakash is known for his nefarious activities and that he has inimical to police force because his father had been dismissed fromthe force.
They also said even the disciplinary authority, which had imposed punishment of forfeiture of four years of service on them in February last year, had mentioned that the sting was ‘indeed an illegitimate trap.’
They told the CAT that after the order was passed against them by the disciplinary authority, they submitted a detailed appeal on 14 March last year but appellate authority, ignoring their contentions,
disposed of their appeal on 14 September 2011.
They said in cases of demand and acceptance of illegal gratification, there is always recovery of money which is transacted but in this case there is no such recovery.
During adjudication of the plea, the police told the bench that in the CD, many of these constables were clearly visible while accepting the money.
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