BANARASI Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) ONE Bhagwan Singh was a constable in Delhi Police. He was posted in New delhi Zone/ PCR. On 24. 7. 1996 he was detailed for duty at PCR Van V-25 from 8 a. m. to 8 p. m. However he did not report for duty and was marked absent. Since then there has been no trace of him. Notice for absence was sent at his residential address directing him to resume duty, which was followed by registered notice. It was received back undelivered with the report that the addressee was not available at the address. Another notice sent through special messenger at the residence of his parents at Sikar, Rajasthan was refused by the mother of the said Bhagwan Singh as he was not found at his residence. Yet another notice was sent and again he was not found and his brother received the same.

(2.) ON account of his continuous absence disciplinary proceedings were initiated against Shri Bhagwan Singh. Notices issued to Bhagwan Singh in the enquiry proceedings were either received back, or were delivered to the family members of Shri Bhagwan Singh and never upon him. Since he was not found on any of those occasions, the enquiry proceedings were undertaken ex parte and they culminated in a report which held that he willfully and unauthorizedly absented himself from duty. The disciplinary authority, that is, the Additional Deputy commissioner of Police agreeing with the findings of the enquiry officer dismissed him from service on 26. 5. 1998.

(3.) THE petitioner, who is the wife of Shri Bhagwan Singh, preferred a departmental appeal against the dismissal of her husband Bhagwan Singh. The said departmental appeal was also dismissed by the Additional Commissioner of police on 14. 9. 1999.