ANOOP SINGH Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) THE present writ petition lays a challenge to the order dated August 31, 2001 passed by the Central Administrative Tribunal in OA No.2656/1999 upholding penalty of dismissal from service upon the petitioner for habitual and unauthorized absence.

(2.) ENROLLED as a Constable with Delhi Police in the year 1988, as of the year 1996 the petitioner was posted in the VI Battalion of the Delhi Armed Police. He was detailed for an induction course at the Main Security Lines. The course being over on June 02, 1996 he was relieved vide DD No.24 with a direction to report at the E -Block Security Lines the next day on June 03, 1996. The petitioner did not do so. He went away to his home place at Bahadurgarh where he was arrested on June 03, 1996; being named as an accused in FIR No.236 of even date for offences punishable under Section 25/54/59 of the Arms Act P.S.City Bahadurgarh, Haryana. But prior thereto on May 10, 1996 he was directed to report at the E -Block Security Lines, vide DD No.58. He did not do so. He absented himself for 12 days. He reported at the E -Block Security Lines, New Delhi on May 21, 1996.

(3.) A perusal of the summary of allegations would reveal that the petitioner was charged for three separate and distinct imputations of misconduct. The first imputation pertained to petitioner leaving the station without proper permission of the competent authority. The second imputation was of failure to inform the parent office about petitioner being arrested and the third was being absent from station unauthorizedly.