The Central Administrative Tribunal (CAT) has quashed the dismissal of four UT police personnel facing CBI corruption cases, observing that the seriousness of the allegations or registration of a criminal case alone cannot be a reason to remove a government employee without holding a departmental inquiry.
The authority must have relevant and objective material to support such a conclusion. One of the petitioners, assistant sub-inspector (ASI) Akhtar Hussain, had joined UT police as a constable in 1988 and was promoted as sub-inspector in 2021. In October 2023, he was booked by the CBI for allegedly demanding and accepting a ₹ 5 lakh bribe from one Ram Mehar Sharma in lieu of not taking coercive action against his brother in a GST fraud case. He was booked under Section 120-B (criminal conspiracy) of the Indian Penal Code and Section 7 (public servant taking undue advantage) of the Prevention of Corruption Act.
CAT said a mere possibility or general apprehension that a police officer could influence witnesses or tamper with evidence was not sufficient to invoke the exceptional provision.
