SURENDER SINGH Vs. GOVT OF DELHI & ORS

JUDGEMENT

(1.) By the writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of two orders dated 16.08.2001 and 19.11.2001 passed by Central Administrative Tribunal in short 'CAT', whereby, his challenge to the order dated 30.12.1994 of removal, was dismissed; the application seeking review of that order was also dismissed.

(2.) The relevant facts are that in 1981 the petitioner was appointed as a 'Watcher' in the office of the Warden of Fisheries, Delhi Administration in the pay scale of '196-232/- and subsequently, made permanent. Thereafter, he was promoted from Group 'D' post to Grade IV (DASS) in the scale of '950- 1500/- on regular basis on 18.05.1993; and joined the office of the respondents as LDC on 107.1993. The petitioner claimed that on 29.07.1993, he suddenly fell ill and requested for leave w.e.f. 30.07.1993 to 29.08.1993. On 009.1993, his wife is said to have sent intimation of his bad mental condition and requested grant of leave furnishing a medical certificate through UPC. On 08.10.1993, the petitioner's wife is then said to have sent another intimation about his mental condition enclosing a medical certificate. Similar intimation is said to have been sent by the petitioner's wife on 10.01994, referring to medical certificates sent on 009.1993 and 08.10.1993. The petitioner alleges that while he was yet to recover from his mental illness, on 23.01994 he became victim of dacoity and sustained head injuries and was admitted to GTB hospital at about 1.30 a.m. on 24.01994. Thereafter, he was admitted to a Nursing Home in Shahdara as his condition deteriorated. It is stated that the said incident was covered by an FIR registered at Police Station, Loni, Ghaziabad. Thereafter, he claims to have suffered from mental depression.

(3.) In the absence of grant of leave, the petitioner's absence from duty was treated as unauthorized and the Govt. of NCT initiated disciplinary proceedings and issued charge-sheet under Rule 14 of CCS (CCA) Rules, 1965 vide O.M. dated 18.07.1993, for the absence w.e.f. 30.07.199 The enquiry concluded exparte. By order dated 30.12.1994, the disciplinary authority, imposed a penalty of removal from service upon the petitioner.