EX. CONSTABLE RAJENDER SINGH Vs. UOI & ORS.

JUDGEMENT

(1.) WORKING as a Constable with Delhi Police the petitioner was detailed for night duty at PCR Van R -65 in the intervening night of 11th and 12th May, 1996. As he did not report for duty the petitioner was marked absent as recorded in DD No. 7 dated May 11, 1996. Thereafter the department sent two absentee notices dated May 28, 1996 and May 31, 1996 at the residential address of the petitioner to which he neither responded nor give reason for his absence nor resumed duties. In view of the continued absence, on May 31, 1996 the petitioner was placed under suspension with immediate effect. Thereafter on June 03, 1996 the competent authority ordered disciplinary proceedings against the petitioner for continued unauthorized absence from May 11, 1996.

(2.) AS per the Delhi Police (Punishment & Appeal) Rules, 1980 a Summary of Allegation was drawn up requiring the same to be served upon the petitioner by the Inquiry Officer before commencing recording evidence of the department.

(3.) THE record of the enquiry would reveal that the Inquiry Officer sent a notice dated June 07, 1996, requiring petitioner to join the enquiry proceedings on June 11, 1996, in response whereto, the petitioner sent a letter to the Inquiry Officer stating that he was not in a position to join the enquiry proceedings since he was sick for the last one month; and that earlier he was undergoing treatment at different hospitals in U.P. but there was no improvement in his health due to which reason he was undergoing treatment at Delhi. Along with said letter the petitioner enclosed a medical certificate dated June 11, 1996 issued by Guru Teg Bahadur Hospital (hereinafter referred to as the 'GTB Hospital'), Shahdara, Delhi which records that the petitioner was suffering from viral fever and was advised bed rest for a period of five days.