GANESH SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. S.K. Mandal, learned Counsel for the petitioner and Mr. J.C. Pande, learned Brief Holder for the respondent-State Government. The jurisdiction of this Court has been invoked against the order passed by the Uttarakhand Public Services Tribunal, Nainital in Claim Petition No.16/N.B./D.B./2015 dated 10.08.2016.

(2.) Facts, as noted in the order of the Tribunal, are that the petitioner joined service as a Constable in the Police Department on 23.01.1996. When he was posted at Police Line, Pithoragarh, he absented from duty from 26.10.2011 to 01.02.2012 (99 days) without informing the Department. Notice dated 14.12.2011 was served upon the petitioner on 19.12.2011 asking him to join duty failing which to face the disciplinary proceedings to be initiated against him, but he did not report for duty till 01.02.2012. After having reported for duty for a day, the petitioner again absented from duty from 03.02.2012 to 06.10.2012 (for 247 days) without moving any application for leave, or informing the department, and again remained absent from duty from 09.10.2012 till his termination from service on 04.01.2013. The appointing authority initiated a preliminary enquiry and, despite the Preliminary Enquiry Officer having issued notice on 24.05.2012, the petitioner chose not to participate in the preliminary enquiry. After receipt of the preliminary enquiry report, final inquiry proceedings were initiated, and the charge sheet dated 01.09.2012 was personally served upon the petitioner on 07.09.2012 through special messenger. The inquiry officer also personally served notices on 25.09.2012 and 31.10.2012 upon the petitioner. On 06.11.2012 the inquiry officer submitted his enquiry report. Thereafter, the disciplinary authority personally served the show cause notice upon the petitioner on 26.11.2012, along with a copy of the enquiry report dated 10.12.2012, but the petitioner refrained from making any representation before the disciplinary authority. Consequently, a final order was passed on 04.01.2013 dismissing the petitioner from service.

(3.) The petitioner thereafter submitted an application on 15.01.2014, before the D.I.G., Kumaun Range, Nainital, to restore him into service. The petitioner was informed, by letter dated 20.02.2014, that he could not be permitted to join the police force as he had been dismissed from service. The petitioner preferred an appeal on 16.04.2014, which was dismissed by order dated 27.06.2014. He moved a revision petition on 09.09.2014 which was also dismissed by the Additional Directorate General, Administration by order dated 17.12.2014. Aggrieved thereby, the petitioner approached the Public Services Tribunal alleging violation of principles of natural justice, and contending that, though he had appeared to join duty on 01.10.2012, he was prevented from doing so.