VIRENDER SINGH Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) THE petitioner joined service as a Constable (Driver) with Delhi Police on February 07, 1989 and from the Summary of Allegations which preceded the formal charge being issued to him we find, a fact conceded to by learned counsel for the petitioner, that the petitioner had the habit of being unauthorizedly absent for long durations; he did so on many occasions.

(2.) ON the fifth time, he started absenting himself from duty since December 10, 1994 and in spite of notices sent to him on December 20, 1994, January 16, 1995 and May 07, 1995, he just did not report back for duty. The last notice was sent through a personal messenger who submitted a report that the petitioner was not to be found in his house. When the absence continued for 327 days, on October 27, 1995 the Summary of Allegations was drawn up in which it was indicated to the petitioner that his past service record would be considered.

(3.) NOTING the evidence recorded pertaining to the Summary of Charge a formal charge was drawn by the Competent Authority as per the indictment contained in the Summary of Allegations, but unfortunately omitted a reference to the past service record. However, at the inquiry, pertaining to the charge, witnesses deposed with reference to the past service record and considering the same penalty of dismissal from service was inflicted noting that the petitioner was an incorrigible person who would repeatedly absent himself from duty; the enquiry report being against the petitioner.