1992 (4) TMI 259

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....Appeal) Rules 1980 (the Rules). Against the order of the Additional Commissioner of Police, Khazan Singh filed an application before the Central Administrative Tribunal. The tribunal by its Judgment dated March 20, 1991 quashed the order of the Appellate Authority. This appeal by way of Special Leave Petition by the Union of India is against the order of the tribunal. 3. A show-cause notice dated December 14, 1989 was issued to Khazan Singh by the Deputy Commissioner of Police on the al legations that he while deputed to act as Motorcycle Rider, to an Inspector of Police, absented himself from duty leaving the Inspector without any vehicle. They were on VIP route duty. The show cause notice was in the following terms :- The above act ....

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....dered the Deputy commissioner Police to hold regular departmental inquiry in accordance with the Rules. The operative part of the order is as under :- I have carefully gone through the appeal submitted by HC (Driver) Khazan Singh No. 10179/DAP, parawise comments and other relevant papers. The appellant has raised point that the duty from which he is alleged to have absented himself was not his duty and he had dropped Inspector Prem Chand for VVIP route duty at Dhaula Khan only as a matter of accommodation. He is also alleged that it is not part of his duty to drop any officer on such duties as he is only a Despatch Rider and any change in the nature of his duties requires approval of Gazetted Officer. Before taking any decision on ....

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....thority wanted to remit the case to the disciplinary authority, then he should have clearly done so under Sub-rule (e), but the impugned order passed by the appellate authority is in clear contravention of the provisions of the Rules. The authority has clearly exceeded the jurisdiction vested in him. Consequently, the impugned order passed by the appellate authority has to be set aside. 6. We have heard learned Counsel for the parties. Rule 25(1)(e) read with Rule 25(1)(f) of the rules gives very wide powers to the Appellate Authority. It has the power to remit the case to the disciplinary authority for further inquiry and pass such other orders as it may consider proper or deem fit in the circumstances of the case. The Appellate Authori....