ASHOK KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The order of the Central Administrative Tribunal dated 3-9-1997 passed in O A No 2997 of 1991 has been' questioned by the writ petitioner. The petitioner herein was a driver in Delhi Police. He was charge-sheeted on 18.3.1991 for misconduct. The relevant portion of the charge sheet is as follows:

(2.) Upon holding a departmental proceedings he was dismissed on 14.5.1991. He preferred an appeal which was dismissed vide order dated 5.9.1991. The defence of the petitioner in the departmental proceedings was that owing to his own illness as also due to illness of his wife he could not attend to his duties.

(3.) On the legality of domestic enquiry he contended that his defence assistant one inspector Shakti Singh was not allowed to appear on his behalf. His further contention was that in the absence of his defence assistant he could not cross-examine PW 1. Similarly, PW 2 and 3 were examined in the absence of his defence counsel. According to him despite his having moved an application for calling Shakti Singh, the same was not allowed. He could not cross-examine the witnesses. On the other hand, the respondents have contended that the petitioner was given all reasonable opportunities to defend his case and was given several opportunities to examine his defence witnesses and to cross-examine the witnesses of the department but he failed at every stage and made all attempts to delay the proceedings.