ATTAR SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE charge against the petitioner for which he faced a departmental inquiry was that on being transferred to the 10th Battalion DAP and relieved from the Central District on April 03, 1997, he did not report to the Commandant of the 10th Battalion DAP and was accordingly marked absent. In spite of notices issued requiring him to immediately report for duty on August 12, 1997 and September 23, 1997, the petitioner continued to be absent till he joined duty on November 10, 1997. He was absent for 7 months and 6 days. Having joined duty on November 10, 1997 petitioner started absenting himself once again on November 29, 1997 till January 06, 1998 i.e. for a period of 37 days.

(3.) THE petitioner examined 3 witnesses in defence being Tara Chand DW-1 who claims to be the brother-in-law of the petitioner and stated that the condition of the mother of the petitioner became serious on April 03, 1997 due to which the petitioner came to his house and that on November 29, 1997 the petitioner fell ill. Constable Ramesh Chand DW-2 deposed that on April 03, 1997 a relative of the petitioner had come to the Central District to inform him that his mother was seriously unwell. Constable Kishan Singh DW-3 deposed that on April 27, 1997 a relative of the petitioner had told him that the mother of the petitioner was seriously unwell.