HAWA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri Hawa Singh was a peon in the office of the Director General of Indian Council of Medical Research, Ansari Nagar, New Delhi. On 7/18th December, 1989 he was issued a charge-sheet contaiing five articles of charge.

(2.) The sum and substance of the charges are as under :-

(3.) In view of the above allegations as detailed above, the authorities concerned thought it fit to initiate disciplinary proceedings against the petitioner. It appears that the Inquiry Officer who was appointed to go into the allegations repeatedly sent notices to the petitioner by registered post, as well as, by UPC at his address available on record so as to enable him to appear and defend himself. All those notices were received back unserved. Notice of the enquiry was also published in newspaper `Hindustan' (Hindi). The petitioner was also personally informed about the dates of hearing as and when he came to the office to collect the subsistence allowance. Under the circumstances, he was proceeded against ex- parte. The inquiry officer, on the basis of material placed before him found the petitioner guilty of the charges and submitted the report to the disciplinary authority. On receipt of the inquiry report, the disciplinary authority sent a notice to the petitioner along with the inquiry report. This time, it appears, the service was effected on him for he put up his defence before the disciplinary authority and also personally appeared before him. It appears that before the disciplinary authority he took up the stand that he was not available at his house as he had gone to attend to his father who was allegedly ill. The disciplinary authority after giving a hearing to the petitioner and after going through the material on record, including the report of the Inquiry Officer found no substance in the defence set up by the petitioner and finding himself in agreement with the inquiry officer passed an order of his dismissal from service.