SANDEEP KUMAR YADAV Vs. GNCT OF DELHI

JUDGEMENT

(1.) The challenge in this petition is to an order dated May 10, 2023 passed by the Central Administrative Tribunal (hereinafter, referred to as the 'Tribunal') in O.A. No.259/2022, whereby the Tribunal dismissed the O.A. preferred by the petitioner seeking following reliefs:

(2.) In brief, a departmental inquiry was initiated against the petitioner under the provisions of Delhi Police (Punishment and Appeal) Rules, 1980 vide office order dated November 11, 2020 for unauthorizedly absenting for a period of about 05 months 22 days, without any prior intimation/permission of the competent authority, in contravention of CCS (Leave) Rules, 1972 as well as SO No.111 issued by Delhi Police.

(3.) As per the case of the respondents, while the petitioner was posted at Police Station: Mandir Marg, New Delhi, he was detailed for duty from 08:00 PM on April 21, 2020. Also, due to spread of COVID-19, the police personnel had been directed to report for duty and not to leave the District Headquarters. However, petitioner neither reported for duty, nor forwarded any intimation about his whereabouts. In view of above, petitioner was marked absent vide DD No.45-B dated April 21, 2020, Police Station: Mandir Marg, New Delhi District. Petitioner, thereafter, resumed his duties as recorded vide DD No.64 dated October 14, 2020 after absenting for a period of 05 months and 22 days. Consequently, disciplinary proceedings were initiated against the petitioner.