CHANDER MUNI Vs. COMMISSIONER OF POLICE & ORS

JUDGEMENT

(1.) Aggrieved by the order dated 28.02.2014, passed by the Central Administrative Tribunal, the petitioner has been forced to file the present writ petition. Petitioner prays that the impugned order dated 28.02.2014 be set aside and quashed.

(2.) The necessary facts to be noticed for the disposal of the writ petition as noticed by the learned Tribunal are that petitioner was working as a Constable in the Delhi Police. He was charged for misconduct of unauthorised absent for a period of 252 days 23 Hrs. and 35 minutes. Following charge was framed against the petitioner by the Inquiry Officer:

(3.) The petitioner herein pleaded not guilty and also submitted his defence statement. As per the petitioner on 19.06.2009, he had proceeded to his home town on 5 + 3 days Casual Leave. While on vacation, he fell sick and remained under treatment in the Primary Health Centre, Rabbupura, Jewar, Gautambudh Nagar, Uttar Pradesh for pulmonary Tuberculosis (TB). Due to weakness, he could not inform the respondent as he was on bed rest. After being declared medically fit, he joined his duties on 08.03.2010. He also raised a plea that over 300 days of earned leave and medical leave are lying to his credit. While taking into account the past conduct of the petitioner wherein on 48 different occasions, he remained absent unauthorisedly and the fact that the petitioner had a younger son who could intimate the department, the stand taken by the petitioner that there was none available in the family to inform the respondent was rejected by the Inquiry Officer. The Inquiry Officer submitted his report and the disciplinary authority imposed a major punishment of forfeiture of three years services which was upheld by the Appellate Authority.