SUSHIL KUMAR Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THE petitioner Sushil Kumar was appointed as a Constable in Delhi Police on 12th January, 1998. His services were terminated on 20th April, 1999 on the ground of unauthorized absence, but on his representation dated 11th May, 1999, the aforesaid order of termination was recalled and he was reinstated in service with the direction to initiate departmental proceedings. Departmental proceedings ended in award of punishment of withholding of three increments with cumulative effect vide order dated 13th November, 2001. THE said order has become final and binding and is not subject matter of challenge.

(2.) THE petitioner again absented himself from duty from 11th August, 2001. Till 13th November, 2001, three absentee notices were issued to the petitioner on 29th August, 2001, 8th October, 2001 and 22nd October, 2001 with a direction to report for duty immediately, but without positive response. THE petitioner was directed to report to C.M.O., Meerut if he was ill, but he failed to do so. Departmental proceedings were initiated and the enquiry officer in his report dated 9th April, 2002 held that the petitioner was guilty of the charge of Disciplinary Authority vide order dated 24th unauthorized absence. May, 2002 called upon the petitioner to make representation on the findings of the enquiry officer within 15 days. Two opportunities were granted for personal hearing but the petitioner did not appear. On 31 st July, 2002, the petitioner was dismissed from service.

(3.) THE learned Tribunal has rightly dismissed the appeal after examining the facts and circumstances of the case. We do not see any reason or ground to interfere with the order passed by the Tribunal. THE petitioner after being appointed as Constable on 12th January, 1998, had absented himself and punishment of withholding of 3 increments with cumulative effect was imposed vide order dated 13th November, 2001. During the pendency of the disciplinary proceedings and inspite of this punishment, the petitioner absented himself from duty from 11th August, 2001 to 12th February, 2002 and again from 15th February, 2002 till the order of dismissal on 31st July, 2002. That apart after the dismissal order dated 31st July, 2002, he filed the appeal after about 5 years on 9th July, 2007. It cannot be believed or accepted that during these five years, the petitioner was continuously ill and was not in a position or could not verify the fact of filing of an appeal. That apart the excuse that he had handed over the original papers to his colleague and relative Mr. Anil Kumar, can hardly justify the delay and cannot be regarded as sufficient cause. THE petitioner has shown complete disinterest and disregard in performing his duties. THE plea of sympathy does not merit consideration in view of his indifferent and callous conduct. THE writ petition is accordingly dismissed in limine without any order as to costs.