OM PAL SINGH Vs. UNIONOF INDIA

JUDGEMENT

(1.) In the present writ petition, the petitioner, Mr. Om Pal Singh, has questioned and challenged the vires of Rule 16 including the sub rules of the Delhi Police (Punishment and Appeal) Rules, 1980 (hereinafter referred to as the Rules, for short). He has also impugned the orders passed by the Enquiry Officer, Disciplinary Authority and the Appellate Authority, pursuant to which he was awarded the punishment of removal from service and the order passed by the Central Administrative Tribunal dismissing his original application.

(2.) The petitioner was appointed as a Constable in Delhi Police on 1.8.1984. It is alleged that he wilfully absented himself from duty w.e.f. 10.2.1999. The petitioner did not send any information/medical papers or move any application requesting for leave. Absentee notice dated 23.2.1999 was issued to him and was served upon his wife. Thereafter, another notice dated 10.3.1999 was issued to him directing him to resume duties. The petitioner sent a letter stating that he was sick and because of his illness he cannot resume duty. The respondents vide memo dated 7.4.1999 asked the petitioner to undergo medical examination. This memo was sent through a Special Messenger for service at the house of the petitioner. The brother of the petitioner, Mr. Sat Pal Singh, informed the Special Messenger that the whereabouts of the petitioner were not known, as he had not been coming home for the last one month.

(3.) In these circumstances, disciplinary proceedings were initiated against the petitioner for wilfully absenting himself from duty vide order dated 18.4.1999. It was also noticed in the charge-sheet that the petitioner had absented himself earlier on 13 different occasions for which he had been reprimanded but he had failed to mend himself and was in a habit of absenting himself unauthorisedly. It may be relevant to state here that till the time of initiation of disciplinary proceedings the petitioner had not reported back for duty.