DURGA PRASAD Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) Interpretation of the expressions 'previous record' and "previous bad record' occurring in Rules 10 and 16(xii) of the Delhi Police (Punishment & Appeal) Rules, 1980 (hereinafter for the sake of brevity referred to as, 'the said Rule'), arises for consideration in this writ petition.

(2.) A departmental proceeding ,was initiated against the petitioner for his unauthorized absence and vide order dated 29.01.1999, the disciplinary authority directed his dismissal from service. By an order dated 02.07.1999 passed by the Additional Commissioner of Police the appeal preferred by the petitioner against the said order dated 29.01.1999 was dismissed.

(3.) It has been stated that prior thereto two absentee notices dated 04.11.1997 and 31.12.1997 had been issued at his permanent residential address with the directions to the petitioner to resume his duties at once, failing which disciplinary action will be taken against him. However, he did not comply with the said directions. He resumed his duty vide D.D. No. 28 dated 12.01.1998 after absenting himself for a period of 118 days and 45 minutes and in relation thereto the aforementioned disciplinary proceedings were initiated.