CAT quashes penalty against cop, calls it 'hostile discrimination'

The penalty of censure imposed by Delhi Police on one of its inspectors has been quashed by the Central Administrative Tribunal (CAT) which said it was a case of “invidious” and “hostile discrimination”.

The Tribunal set aside the penalty order after comparing the treatment meted out to inspector Ved Bhushan with that of two other SHOs against whom similar showcause notices were issued, who were not penalised. 

“A careful perusal of the two cases (of petitioner and other two SHOs) clearly makes out a case of invidious discrimination of the applicant (Ved Bhushan) which cannot be sustained in law,” said a bench of members Dharam Paul Sharma and Manjulika Gautam said.

“It is pertinent to note that neither inspector Vijay Kumar nor inspector Sanjay Drall (other two SHOs) adduced any documentary evidence in support of their case. To take a different approach in the case of the applicant would certainly have the effect of subjecting him to hostile discrimination which can not be sustained in law,” the bench added. 

Failed to preform duty

The penalty of censure had been imposed on the police officer, who was station house officer of Vikas Marg area here during 2009, for allegedly failing to control encroachment on the sidewalk and road by the shopkeepers during Diwali celebrations.

The forum noted that inspector Bhushan was the first of the three to reply to the showcause notice and had given all necessary details, yet he was penalised for not providing documentary evidence.

It also noted that inspector Drall had sent his reply nearly a year late but no action was taken against him.