RAM SARUP Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner joined the respondent-Department as Chowkidar in January 1988. It is averred in the petition that daughter of the petitioner, aged about fifteen years, left the house due to some mental disturbance. He had been searching for her and, therefore, could not attend to his duties from August 14, 1999 to November 16, 1999 The respondent-department issued charge sheet to the petitioner for this lapse of remaining absent from duty without leave. It is further averred in the petition that the petitioner applied for leave from May 12, 2001 to May 20, 2001 on the ground that his brother-in-law had died. The respondent-department rejected the leave application. Another charge sheet was issued to the petitioner. Thereafter, the petitioner was transferred to Sonepat. He submitted application dated nil (Annexure P-5) for getting premature retirement on the ground that his daughter was missing since last four/five years and his wife had gone mad due to this shock. There was nobody to look after his wife.

(2.) A departmental inquiry was conducted against the petitioner. Charges of remaining absent from duty were proved. Vide order dated February 24, 2003 (Annexure P-6) passed by the Managing Director, Haryana Women Development Corporation, Chandigarh (respondent No. 2), services of the petitioner were terminated with immediate effect. He preferred an appeal against this order, which was also dismissed by the competent authority vide order dated December 19,2006 (Annexure P-7). Hence this writ petition.

(3.) In the written statement filed by respondent No. 2, it has been stated that the petitioner was given warning for the first time within three months of his joining the department for absenting from duty vide letter dated April 12,1988. Subsequently, the petitioner had been absenting himself from duty on several occasions without any intimation. Explanations of the petitioner were called in this regard vide letters dated September 18, 1990, October 12,1990, November 07, 1990, January 17, 1991, May 10, 1991, August 21, 1991, January 12, 1992, May 19, 1992, June 18, 1992, July 16, 1992, January 18, 1994, May 03, 1994 and on many other occasions. He was suspended earlier on August 21,1992 for his absence from duty. His suspension was revoked vide order dated September 21, 1992. Subsequently, he was charge sheeted on April 20, 1993. He was awarded punishment of stoppage of three increments vide order dated March 06, 1996 (Annexure R-2/1). The petitioner remained absent from duty for more than two years i.e from March 13,1995 to August 04, 1997 without any prior information to the respondent-Department. It has also been mentioned in the written statement that in May, 1991, when explanation of the petitioner was sought for remaining absent from duty, he took the stand vide letter Annexure R-2/2 that his son had lost and he kept on searching for him. So far as request of the petitioner for voluntary retirement is concerned, it has been stated that since he did not complete twenty years' continuous service, the same was declined.