SATBIR SINGH Vs. DIRECTOR GENERAL OF POLICE, HARYANA

JUDGEMENT

(1.) The present petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of certiorari for quashing of orders dated 19.08.1994 whereby, the petitioner, a Constable in the Police force, has been ordered to be dismissed from service. Challenge is also to the dismissal of the appeal by respondent no. 2 on 14.12.1994 and dismissal of the revision by respondent no. 1 on 12.07.1996.

(2.) The pleaded case of the petitioner is that he joined as a Constable on 08.09.1981 and has been performing his duties diligently and intelligently without any sort of complaint. While being posted as Gun-man of Sh. Krishan Murti Hooda, he was posted to Parnala Barrier on 30.11.1993 and was relieved on 07.12.1993 for joining his new place of posting. The petitioner could not join his duty because of the ailment and remained visiting one hospital or another alongwith his family members and due to his condition deteriorating and beyond control, he was not found mentally and physically fit to join duty. Reference to the OPD ticket dated 04.08.1994 was made that he remained under treatment from 07.12.1993 to 22.08.1994. When the petitioner contacted the office of respondent no. 3 and explained that he had been continuously ill, he was told that ex parte departmental inquiry had been conducted against the petitioner as he was continuously absent from duty and in the inquiry his guilt had been proved and he had been dismissed from service. The said dismissal order was got received by the authorities from the petitioner on 26.08.1994. The said order was passed without serving any charge sheet upon the petitioner and without asking any explanation and without issuing any show cause notice. The authorities conducted the inquiry without serving the petitioner and proceeded against him and passed the order of dismissal. The inquiry officer had prepared summary list of allegations and list of prosecution witnesses and summoned the petitioner on 08.03.1994 and the notice was sent at the home address of the petitioner but, nowhere it was got received by the petitioner.

(3.) The State, in its written statement, took the preliminary submission that the departmental inquiry was ordered on 01.03.1994 by the Superintendent of Police.