The Delhi High Court today upheld the central government's decision forfeiting four years' service of a police officer for demanding bribe to bail out the driver and release the vehicle in a rash and negligent driving case in 1999.
Allowing the appeal of Delhi government against the Central Administrative Tribunal's (CAT) order, a bench of justices B D Ahmed and Siddharth Mridul set aside the Tribunal's order in which the Home Ministry was directed to restore the four years of service of the officer and pay him all financial benefits.
Observing that the disciplinary proceedings was initiated to bring out the truth, the court said the inquiry officer had conducted the probe within the rules prescribed under the Delhi Police (Punishment and Appeal) Rules.
"We find that the Inquiry Officer was well within his powers to ask questions to the witnesses in order to establish the identity of the delinquent officer and his approach was in accordance with the procedural requirements contemplated under Rule 16 of the said rules....The impugned order (CAT) cannot be sustained. The same is accordingly set aside. The petition is allowed," the bench said.
"The Inquiry Officer has ample power to put forth questions to the witnesses to test the authenticity of their statements. Disciplinary proceedings cannot be regarded as adversarial in nature as the sublime philosophy behind these proceedings is a quest to unravel the truth," the court also said.
