DINESH SINGH SENGAR Vs. INSPECTOR GENERAL

JUDGEMENT

(1.) Heard Sri Bhoopendra Nath Singh, for the petitioner and Standing Counsel for the respondents. This writ petition has been filed for quashing the orders dated 21.2.2002 passed by the Commandant, 28th Battalion, P.A.C., Etawah, dismissing the petitioner from service and withholding salary during 7.10.2001 to 8.12.2001 and order dated 17.7.2002 passed by Deputy Inspector General, P.A.C. Agra Sector, Agra, dismissing the appeal of the petitioner and order dated 22.1.2003 passed by Inspector General, P.A.C. Western Zone, Moradabad, dismissing revision of the petitioner from the aforesaid order.

(2.) The petitioner was appointed as constable in P.A.C. in the year 1988. At the relevant time, he was posted at 28th Battalion, P.A.C. Etawah. On 7.10:2001, the petitioner was assigned duty in 'Duty Area 1st' from 24.00 hours to 04.00 hours but he did not attend his duty and found absent. Later on, he came back on 8.12.2001 on duty, alongwith medical certificate and application for sanctioning leave during this period. On preliminary inquiry, the petitioner was found guilty for absenting from duty for a period of 63 days and leaving headquarter during this period with-out any information. The Deputy Commandant issued charge-sheet to the petitioner on 1.1.2002, asking him to submit his reply within 10 days. The petitioner, by his application dated 7.1.2002, demanded copies of the preliminary inquiry report and the papers collected during it. On which, he was permitted to examine/inspect the record of preliminary inquiry. Later on, he made an endorsement on his application that he had examined the record and" was satisfied. The petitioner moved another application on 8.1.2002 before the Inquiry Officer that two weeks time be granted for filing his reply. On which the petitioner was permitted to submit his reply up to 14.1.2002. The petitioner submitted his reply on 14.1.2002 stating therein that on 7.10.2001, one Matadeen Pal, a resident of his village, had come to meet him. The petitioner went to Etawah market along with him, where he realised acute pain in his abdomen. Due to pain, he was so much frightened and unconscious that he was taken to Gwalior for his treatment by his friend, without any information in the office. He was treated in Civil Hospital Gwalior. The doctor detected 'Emuvisis Colitis' and advised for full treatment and rest. Therefore, he was getting treatment at Gwalior. After recovery, he joined his duties on 8.12.2001 alongwith medical certificates and the application for grant of leave during this period.

(3.) The Inquiry Officer granted time for submitting reply up to 14.1.2002. He by letter dated 14.1.2002 fixed 14.1.2002 for holding inquiry and started inquiry on 14.1.2002. He recorded statement of the departmental witnesses namely Vakeel Khan, clerk, Rakesh Kumar, Clerk (character roll), Anil Kumar Singh P.C. Rameshwar Prasad, CHM, Awadhesh Kumar Sharma, constable, Lakshmiram Yadav, group commandant, Shiv Shankar Chaubey, constable, Jitendra Pal Singh, constable, Ganga Narain Mishra, Assistant Commandant, Yogendra Singh constable, who have proved that the petitioner was assigned duty on 7.10.2001 at 24.00 hour but had not attended his duty on 7.10.2001. Suresh Kumar, constable and Pratap Singh constable were examined to prove that during the period the petitioner was absent, they went to the village of the petitioner along with the letter of the Commandant for calling him but in the village they were informed that the petitioner was admitted in the hospital at Gwalior for his treatment. The Inquiry Officer then by letter dated 17.1.2002, granted 7 days time to the petitioner for producing his evidence. On 24.1.2002, the petitioner moved an application for summoning the witnesses, giving names of 4 witnesses. The Inquiry Officer refused to summon the witnesses and got an endorsement of the petitioner on his application that he was granted time for adducing evidence, but he could not adduce any evidence, therefore, he had not pressed his application for summoning the witnesses. Thereafter, the Inquiry Officer submitted his Inquiry Report on 7.2.2002 holding the petitioner as guilty for not attending duty on 7.10.2001 and absconding from the headquarter without any information and remaining absent for a period of 63 days.