SURESH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner was removed from service on account of unauthorised absence of 8 months as a result of enquiry. He has filed this petition challenging the dismissal on the ground that no show cause notice was ever issued to him nor any enquiry was initiated. On the other hand the respondents stand is that he was given various opportunities but he did not participate and so ex parte enquiry was held.

(2.) Admittedly the petitioner was granted 10 days leave with effect from 8.7.96 to 17.7.96 and he was to report to his unit on 18.7.96. Petitioner claims that because of his medical treatment of pain of L2 and L3 categories he could not report back for duty and sent telegram that he was medically sick. He also sent a registered letter informing his unit about this on 16.7.96. Another telegram was sent on 14.8.96 along with medical certificate. According to him he was taking treatment at Sonepat Govt. Hospital whereas the call-up-notice was sent at his permanent address at Village and Post Office Pinana, Distt. Sonepat (Haryana). Last communication along with medical certificate sent by the petitioner was on.20.9.96. It is also admitted fact that the call-up-notices were sent at his permanent home on different, dates, four out of them were received back undelivered with the remarks of the postal authority "WAPEES BAAR BAAR GHAR JANE PAR BHI PRAPTKARTA NAHI MILTA".

(3.) However, it is not clear whether the petitioner has throughout this period remained in Government Hospital at Sonepat or at times stayed back at his permanent home address. Though there is a strong presumption of service of registered notices or letters if these are received back with the remarks that on repeated visits that the addressee is not available, but such a presumption is dislodgeable in certain circumstances.