JOGINDER SINGH Vs. UOI

JUDGEMENT

(1.) CHARGE-sheet dated 14.8.2000 was served upon the petitioner alleging the following 3 misdemeanours:-

(2.) SHRI M.K.Chaturvedi, Company Commander of coy-29 Railway Protection Force (RPF) was detailed as the Inquiry Officer. Vide letter dated 16.08.2000 he informed the petitioner to appear before him on 21.08.2000 at RPF Coy-29, Hardoi. As per normal/usual procedure, the letter was sent to the company office to which the petitioner was attached i.e. RPF Company 25, Moradabad. The Post Commander of Coy-25 informed Inquiry Officer that the letter dated 16.08.2000 was duly received by the petitioner. The departmental inquiry was adjourned to 08.09.2000 as a result of the petitioner's non- appearance on 21.08.2000. A letter dated 01.09.2000 directing the petitioner to appear on 08.09.2000 was sent, to which the Post Commander, vide letter dated 04.09.2000, informed the Inquiry Officer that the petitioner was absent at Coy-25. Upon receipt of this information, efforts were made to search the petitioner in the company barracks and at his RPF quarter, but all in vain. The letters sent to his quarter were returned undelivered as the quarter was locked. Finally, on 06.09.2000, through ASI Raj Kumar a letter/notice was pasted on the door of petitioner's RPF quarter informing him about the next date of the departmental inquiry and requiring him to be present for the same. The petitioner did not appear on 08.09.2000, as a result of which the inquiry was once again adjourned to 14.09.2000 on which date also the petitioner did not appear. Thereupon the inquiry officer decided to proceed ex-parte against the petitioner.

(3.) ON 24.10.2000 the petitioner submitted his written defence statement in reply to the charges and the evidence led at the inquiry. He admitted being absent at the evening parade of 02.08.2000 and gave reasons in justification of the absence. He stated that on 02.08.2000 he had gone to purchase a vest with sleeves which was urgently required for the fall-in at 16:00 hours and that on the way he had suddenly fallen sick. He immediately went to a private doctor for treatment where he was kept under special supervision till 19.08.2000. ON 20.08.2000 he returned to RPF Coy-25 where the Post Commander informed him about his suspension. That on the same day at his RPF quarter at Moradabad he met his father who on seeing his deteriorating health condition took him home where he was under treatment by a private doctor In regards to the 2nd and 3rd charge he till 15.10.2000. requested to provide him an opportunity to cross-examine the prosecution witnesses and produce defence witnesses to support his defence/case.