ASHOK KUMAR Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THE petitioner has challenged the order dated 18th May, 2006 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.739/2005 titled as `Ashok Kumar v. Govt. of NCT of Delhi & Ors.', dismissing his original application seeking quashing of Order No.12818-833/HAP/NWD(P-I) dated 8th December, 2003 passed by the Disciplinary Authority imposing punishment of withholding of petitioner's next increment for a period of one year without cumulative effect and treating his suspension period from 6th February, 2003 to 8th September, 2003 as period not spent on duty.

(2.) THE allegation against the petitioner was that on 6th February, 2003 he was detailed for duty from 2.00 pm to 8.00 pm at back gate of Distt. Line/NW. It was alleged that at 2.20 pm he checked his service revolver in the Duty Officer room and during checking, he had mishandled his service revolver, due to which accidental fire took place, causing injury to Head Constable Joginder Singh who was rushed to S.L.Jain Hospital, Ashok Vihar where he was discharged after first aid. This act was construed as gross misconduct, negligence, carelessness and dereliction in discharge of official duty by the petitioner. After a detailed enquiry, the petitioner has been imposed punishment of withholding of his next increment for a period of one year and treating his suspension as not spent on duty.

(3.) THE matter was taken up for hearing on 26th August, 2009 however, no one was present on behalf of the petitioner and the matter was adjourned to 24th November, 2009. THEreafter, the matter was again taken up on 25th November, 2009, however, no one appeared on behalf of the petitioner. THE matter was, however, allowed to remain on board in the category of `Regular Matters'.