SURENDER KUMAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The present Writ Petition is directed against the Order of the learned Tribunal dated 19.9.2002 dismissing the Original Application No.2387/2004 filed by the petitioner herein. By the impugned Order dated 19.9.2002, the learned Tribunal has refused to interfere with the Order dated 28.1.2002 passed by the Appellate Authority converting the punishment of dismissal to removal from service. The petitioner before the learned Tribunal had also challenged the findings of the Enquiry Officer and the Order dated 10th May, 2001 passed by the disciplinary authority and had prayed for a direction that he may be reinstated in service with consequential benefits.

(2.) The Enquiry Officer after recording evidence submitted a report dated 6th November, 2002 holding that the petitioner had unauthorisedly and willfully absented himself from duty on five occasions from June, 1997 to June, 1999 for a period of 57, 11, 6, 59 and 14 days (137 days in total). The Enquiry Officer in his report also mentioned that the petitioner was a habitual absentee and had earlier also absented himself on 34 other occasions during the period February, 1996 to November, 1998. For this the petitioner on several occasions had been warned and minor penalties including censure were awarded. He rejected the contention of the petitioner that due to illness petitioner was unable to attend duties.

(3.) The disciplinary authority-Additional Deputy Commissioner of Police, Central District, Delhi after examining and considering the facts of the case passed an order dated 10th May, 2001 dismissing the petitioner from service and directed that the five periods of absence be treated as periods not spent on duty.