CAT refuses to give relief to Delhi Police officer

CAT refuses to give relief to Delhi Police officer

The Central Administrative Tribunal has refused to give relief to a Delhi Police sub-inspector, whose one year of service was forfeited after he was found guilty of dereliction of duty.
"If there is some evidence against the SI, which has not been rebutted and a clear finding has been recorded by the inquiry officer, it is neither a case of 'no evidence' nor 'no misconduct', the Tribunal bench, comprising members Veena Chhotray and Shanker Raju, said.

"Accordingly, on proper procedure followed by the Delhi Police, he has been rightly held guilty and punished," it said.

The CAT passed the order on a plea of Dinesh Kumar, challenging the Delhi Police decision to forfeit his one year of approved service temporarily for not properly investigating a case of theft entrusted to him.
Source:PTI

Don't dismiss personnel while appeal is pending: CAT

CENTRAL ADMINISTRATIVE TRIBUNAL:

Don't dismiss personnel while appeal is pending:

The Central Administrative Tribunal (CAT) has advised the Delhi Police against terminating services of personnel who are already convicted for an offence but whose appeals are still pending before higher courts.

The Tribunal passed the order while giving relief to a former Delhi Police constable, convicted in 2007 by a lower court but was granted bail by the Delhi High Court in 2009.

"Normally, a person who is undergoing imprisonment, will not be entitled to get reinstatement, as the two concepts do not go together. But that does not automatically mean that the Deputy Commissioner or Joint Commissioner were within their rights, to pass orders terminating the services of the applicant on the basis of the conviction, when an appeal was pending before the High Court," the Tribunal said.

CAT asks govt to release pension of Delhi police Inspector

The Central Administrative Tribunal (CAT) has directed the Centre to release the provisional pension of a retired Delhi police inspector sentenced to 8 years' prison term in a custodial death case.

Rishi Prakash Tyagi, who was awarded death penalty by the trial court in 2006, was denied provisional pension in 2007 by the department after it forwarded a report to the President to decide on his pension and gratuity.

Though his sentence was reduced by the High Court in 2008 to 8 years' jail term, his provisional pension was not released by the department since January 2007, forcing him to approach the tribunal for relief.

"The Centre is directed to continue payment of provisional pension to Tyagi beyond January 31, 2007 and make good non-payment, if any, by way of arrears, until final orders are passed in the departmental or judicial proceedings," said N D Dayal, Member of the tribunal.

The tribunal also noted that the department had not received any presidential order for withholding the pension and gratuity of the retired inspector.

"Under Central Civil Services (Pension) Rules, the entitlement of the applicant for provisional pension has not ceased," the CAT said.

Tyagi, who retired from service in 2002, filed an appeal in the Supreme Court against his conviction and sentence.
Source:PTI