EX.CONSTABLE DALBIR SINGH Vs. UOI

JUDGEMENT

(1.) HEARD learned counsel for the parties. Record of inquiry perused.

(2.) THE petitioner does not dispute the fact that working as a Constable (Driver) with Delhi Police he was supposed to be driving a PCR Van No.V-35 and was detailed for night duty in the intervening night of 4 th and 5th April, 1993 and thus was marked absent as recorded in DD No.29 dated April 04, 1993. The petitioner also does not dispute the fact that he did not join duty nor sent any intimation for the reason of his absence nor sent any application seeking leave on medical grounds till he was dismissed from Service vide order dated February 28, 1994 i.e. he continued to remain absence without leave or sanction for 11 months.

(3.) AS per Delhi Police (Punishment and Appeal) Rules 1980 the procedure for a disciplinary proceeding is to issue a Summary of Allegations followed by recording evidence of the department and if in view of the evidence recorded case is made out, to frame a charge. Evidence recorded pursuant to Summary of Allegations is treated as evidence pertaining to the charge. The delinquent is given further opportunity to recall and further cross-examine the departmental witnesses as also to lead defence evidence.