ASHOK KUMAR BAGDI Vs. STATE OF M P

JUDGEMENT

(1.) Nobody is present on behalf of the petitioner. However, Shri Sanjay Dwivedi, learned Government Advocate is present on behalf of the respondents No. I to 3.

(2.) It appears the petitioner being aggrieved by the order of the respondent No.2 communicated through letter dated 5.12.1998, filed OA No.518/1999 before the M.P. State Administrative Tribunal at Jabalpur. However, after abolition of the M.P. State Administrative Tribunal, the said OA was reregistered before this Court as W.P. No. 13731/2003.

(3.) It appears that the petitioner was appointed as Follower in Police Training Institute, Pachmarhi on 5.11.1981. He was thereafter transferred to Police Training Institute, Mana, Raipur on 6.6.1986 relieved on the same date to enable him to join at the transferred place. However, instead of submitting joining by the petitioner, on 18.6.1986 he sent a letter to the Superintendent of Police, Police Training Centre, Mana, Raipur stating therein that while availing joining time he fell ill, hence, he is not in a position to join and; therefore, leave may be sanctioned upto 7th of July, 1986. However, even by 8th of July, 1986 he did not join and remain absent and as such he did not submit joining for 11 years 5 months. Consequently, a regular departmental proceeding was initiated against the petitioner for absconding which is a serious misconduct and also for violation of Rule 64(4) of the Police Regulations; a copy of the Memo of Charges is enclosed as Annexure A/2. He was also placed on suspension on the same date when he joined the services on 7.2.1998 (Annexure A/3). The petitioner thereafter sought 15 days further time to give reply to the charge-sheet which was granted to him vide letter dated 25.11.1997 (Annexure A/4) and thereafter he submitted his reply to the charge-sheet, an undated copy whereof is enclosed as Annexure A/5. The inquiry officer after conducting the inquiry submitted a detailed report holding the petitioner guilty of all the three charges, a copy whereof is enclosed as Annexure A/7 to the writ petition. Thereafter, the petitioner submitted his reply to the inquiry officer's report vide Annexure A/8. The disciplinary authority having considered the inquiry report and the evidence on record as also the reply filed by the petitioner, found him guilty of charges and inflicted punishment of removal from service vide order dated 25.8.1998 (Annexure A/9). The aggrieved petitioner went in appeal before the respondent No. 3 which has also been dismissed by the impugned order dated 6.11.1998 which was communicated to the petitioner through letter dated 5.12.1998.