Synopsis

The Delhi High Court dismissed a writ petition filed by the Government of NCT of Delhi challenging an order of the Central Administrative Tribunal (CAT) that had set aside a punishment of censure imposed on a police officer (SHO, Sarojini Nagar). The disciplinary authority had, on two separate occasions, issued show cause notices to the officer based on substantially identical allegations regarding failure to remove encroachments. The first notice led to a censure (2011), while the second notice (2012) was dropped after the authority accepted the officer’s defence that encroachment removal required coordination with other agencies and that he had taken adequate action. The High Court held that the disciplinary authority could not adopt inconsistent positions on the same facts; the later, reasoned order which exonerated the officer must prevail. The CAT’s decision to quash the earlier punishment was upheld.

Court: High Court of Delhi
Coram: Anil Kshetarpal & Amit Mahajan, JJ.
Date: March 28, 2026
Citation: 2026:DHC:2666-DB
Core Law: Service Law, Disciplinary Proceedings, Administrative Law, Central Administrative Tribunal (CAT)

2. Legal Framework

• Constitution of India: Article 226 – supervisory jurisdiction of High Courts over tribunals.

• Central Administrative Tribunal Act, 1985: Section 19 – original applications challenging service matters.

• Service Jurisprudence: Principles of natural justice, consistency in disciplinary proceedings, non‑application of mind, and the effect of contradictory orders by the same authority.

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