JAL SINGH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner, by this petition under Article 226 of the Constitution of India seeks to challenge the Judgment and order of the Central Administrative Tribunal (Principal Bench) (in short the Tribunal) dated 14/7/1999 in OA .No. 1529/93 whereby the Tribunate dismissed the OA upholding the orders of the Disciplinary and Appellate Authority.

(2.) The petitioner was a Constable in Delhi Police. He fell sick and applied for leave with medical rest from 26/3/1991 to 8/4/1991. He was advised medical rest for 14 days. He failed to report for duty on 9/4/1991, but he sent telephonic information through his brother for extension of his medical rest for 15 more days on 9/4/1991. He did not again report on 23/4/1991, but again an information through his brother was received for further extension of 15 day's medical rest which was also recorded vide DD.No.14/PAP/Lihe on 23/4/1991. - After expiry of further 15 days, he neither reported for duty nor sent any request for extension of medical rest. He was recorded absent since 8/5/1991. Thereafter two absentee notices dated 4/6/1991 and 24/6/1991 were sent to petitioner. The first, notice was received by his nephew whereas second notice was acknowledged by him on 27/6/1991 but he chose to ignore the notices and failed to inform the department and seek permission for his unauthorised absence from 8/5/1991. He ultimately resumed his duties on 26/7/1991 after an unauthorised absence for a period of 2 months, 18 days, 6 hours and 25 minutes. The petitioner was also found to be a habitual absentee as he had absented himself unauthorisedly on 40 earlier occasions. On the grounds of his unauthorised absence amounting to mis-conduct, a departmental enquiry was initiated against him vide order dated 1/11/1991. Summary of allegations was issued against the petitioner on 25/11/1991. He was charged on 21/2/1992. After conducting the enquiry, the Enquiry Officer vide his report dated 9/4/1992 found the charges proved against him. The Disciplinary Authority vide orders dated 17/7/1992 dismissed him from service. An Appeal against the said order also failed on 1/2/1993. Aggrieved by the said two orders, petitioner filed OA. No.1529/93 before the Tribunal which was dismissed vide the impugned, order dated 23/7/1999. Aggrieved by the same, petitioner has preferred the present writ petition.

(3.) The main contention of Ms.Avnish Ahlawat, learned counsel for the petitioner is that the petitioner had not remained absent unauthorisedly as he had initially proceeded on medical leave which was extended from time to time, for which he also produced medical certificates when he resumed his duties on 26/7/1991, which was not rejected by the respondents by a formal order.