HAKIKAT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant was slapped with the penalty of dismissal from service on the allegations that he was found absent from duty without permission on 3.4.2002 and was allegedly found lying under the influence of liquor at BSP Fire Station Campus. The appellant challenged the said order of dismissal of 20.8.2003 and the order passed by the appellate court on 15.11.2004, on the ground that the penalty was illegal, null and void and was passed in violation of the principles of natural justice and the rules of procedure. Actually, he was suffering from some mental depression and he remained under treatment from 9.10.2002 to 13.10.2002 and the doctor also opined to that effect. He should not have been imparted such grave penalty for the absent of one day. He was also not given the help of a co-employee.

(2.) He was not given opportunity to cross-examine the departmental witnesses.

(3.) No presenting officer was appointed and the Inquiry Officer herself recorded the evidence of the prosecution witnesses. The Inquiry Officer relied upon certain documents, copies of which were not supplied to him.