In a strong rebuke to procedural lapses by the Delhi Police, the Central Administrative Tribunal (CAT) has imposed a fine of ₹50,000 each on the Commissioner of Police, Joint Commissioner (East), and Deputy Commissioner of Police (East) for the wrongful dismissal of two constables without following due process. The tribunal directed that the fines be deposited into the Prime Minister’s Relief Fund.
The CAT also ordered the immediate reinstatement of the two constables — Head Constable Mangtu and Constable Akash — with all consequential seniority and service benefits. However, the tribunal allowed the Delhi Police to initiate a proper disciplinary enquiry as per the law if they still wished to pursue departmental action.
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Further, the Tribunal stated that adverse remarks would be made in the Annual Confidential Reports (ACRs) of the senior officers involved in the unlawful dismissals.
Constables Accused in Alleged Betting Racket Case, Dismissed Without Enquiry
The case stems from an incident in July 2023, when the two constables, posted in Kanjhawala, were accused of looting ₹28.5 lakh from a man named Imran, who allegedly operated a local betting ring. Imran claimed he was falsely accused in a fraud case and that the constables had responded to a PCR call but instead of following legal procedures, they beat him and took his cash.
Following the complaint, both officers were arrested and around ₹26 lakh in cash was recovered from them. Subsequently, the Senior Police Officer, acting as the Disciplinary Authority, invoked Article 311(2)(b) of the Constitution to dismiss them without conducting a formal departmental enquiry. This constitutional clause allows dismissal without enquiry if it is deemed “not reasonably practicable” to conduct one. The dismissal order cited concerns that witnesses may be unwilling to testify against serving police officers due to fear or influence.
However, the Tribunal observed that this rationale was flawed and that procedural safeguards cannot be bypassed merely on speculation.
Tribunal Slams Arbitrary Use of Article 311, Upholds Rule of Law
The CAT, in its ruling on April 16, held that the denial of a regular enquiry was unjustified, particularly as the disciplinary authority had based its decision on assumptions rather than verifiable facts. The bench stated: “We cannot remain mute spectators to inaction by respondents.” It further noted that invoking Article 311(2)(b) without substantiated reasoning undermines the rights of public servants and sets a dangerous precedent for arbitrary dismissals.
The order is a significant legal checkpoint on how disciplinary mechanisms within the police force are executed. It reaffirms the constitutional principle that even those in uniform are entitled to due process and a fair hearing, especially in cases with serious service consequences.
The Delhi Police is now required to reinstate the constables immediately and has been granted the liberty to initiate fresh proceedings in compliance with procedural norms. Legal experts have welcomed the judgment, calling it a necessary reminder that executive powers must be exercised with accountability, especially in sensitive public institutions like the police.