VINAY KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) CHARGE -sheet dated 07.5.2007 was served upon the petitioner Ct.Vinay Kumar on 10.5.2007 alleging the following 2 misdemeanours:

(2.) THE petitioner submitted a reply on 19.5.2007, not denying overstaying leave by 13 days from 04.12.2006 to 16.12.2006 as also overstaying leave with effect from 15.1.2007 and not joining at the unit till date. However, he denied the leave being unauthorized and by way of justification pleaded that he fell ill and informed the unit on 4.12.2006 as also 7.12.2006, in respect of which plea he relied upon 2 postal certificates evidencing dispatch of 2 letters through post under certificate of postal. For the stated absence with effect from 15.1.2007 he pleaded that on 13.1.2007 he had sent a telegram informing his being unwell and seeking extension of leave by 30 days. Since it was an ingredient of charge No.2 that he deliberately hid the fact of his being an accused in FIR No.02/2007, he pleaded by way of defence that his brother had sent a telegram on 17.1.2007 informing that he had been arrested in FIR No.02/2007.

(3.) AS the petitioner was in Judicial Custody at District Jail Mathura, U.P, notice dated 27.06.2007 was served upon him informing that preliminary hearing would be conducted by an Inquiry Officer on 20.07.2006 in the jail premises. Accordingly, the Inquiry Officer went to District Jail, Mathura to conduct the preliminary hearing on the said date when petitioner pleaded that he was under acute mental pressure as he was in jail and prayed that the inquiry be withheld till he was released. This request of the petitioner was forwarded to the competent authority which directed that the inquiry must proceed, information whereof was given to the petitioner vide communication dated 31.8.2007, informing further that the Inquiry Officer would examine the prosecution witnesses and one court witness on 28.9.2007.