QAMAR ALI Vs. MUNICIPAL CORPORATION, BHOPAL

JUDGEMENT

(1.) THIS is a writ petition under Article 226 and 227 of the Constitution of India challenging the order dated 25.9.1990 of the respondent by which the petitioner has been dismissed from service.

(2.) IT is not in dispute that the petitioner was appointed as pump operator by the Standing Committee of the Municipal Council, Bhopal from 4.2.1964. He was charge-sheeted on 29.12.1986 for remaining absent from duty on 5.11.1986 from the Filteration Plant at Idgah Hills, Bhopal. It is said that more chlorine passed in the water because of his absence and that was injurious to public health. It was stated in the "imputations of misconduct" served with the charge-sheet. The petitioner admitted in his reply that he was absent from duty at the time of inspection. He pleaded that he left the place of duty because of his illness. The enquiry officer after holding the inquiry gave the finding that the charge was proved against the petitioner and there was no justification for his absence. A show-cause notice was issued to the petitioner alongwith a copy of the inquiry report dated 30.9.1988. The petitioner took time to submit reply but he did not do so and, therefore, the order of dismissal of his service was passed by the Administrator of the Municipal Corporation.

(3.) THE respondent has not filed any return. It has been argued that the petitioner was given full opportunity to inspect the documents on which reliance was placed. It is also submitted that the finding of the enquiry officer cannot be said to be perverse or unreasonable as it was an admitted fact that the petitioner was absent from his duty at the time of inspection and he could not justify his absence from duty. It is also stated that the non-consultation with the Public Service Commission does not vitiate the impugned order and the punishment imposed by the respondent for the maintenance of discipline cannot be interfered with by the Court.