NARESH CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The challenge in the present appeal is to the judgment passed by the learned Single Judge on 30.10.2003, whereby the writ petition filed by the appellant for quashing of the order of dismissal dated 14.7.1986 (Anenxure P.10) was dismissed.

(2.) The appellant was appointed as PCMS Class-II vide order dated 24.8.1961. He completed his probationary period and was promoted to PCMS Class-1 on 21.4.1976. While posted as Health Officer, Municipality, in April, 1983, he proceeded on leave of 120 days with effect from 1.7.1983 to 28.10.1983 to go abroad. Such leave was sanctioned and he proceeded on leave. Since the appellant did not join duties after the expiry of leave period, therefore, the appellant was charge-sheeted on 4.5.1984 on account of wilful absence from duties with effect from 29.10.1983; non-compliance with the directions of the authorities and violation of the Government orders. The copy of the charge-sheet was sent to the appellant at his foreign address, but the same was received back un-delivered.

(3.) Dr. Inderjit Singh, Joint Director, Health Services was appointed as an Inquiry Officer on 15.1.1985. The appellant replied on 18.2.1985 expressing his helplessness to appear before the Inquiry Officer as he was not keeping good health. But after conclusion of inquiry, the appellant was called to appear before the Secretary Health and Welfare Department. The appellant replied that he has received the letter on 9.4.1986 and, therefore, could not appear. It was further stated that he had a bad car accident and he was under the treatment of the Doctor and was unable to appear for the personal hearing for 3-4 months. Subsequently, the Secretary passed an order on 14.7.1986 of dismissal of the appellant from service under Rule 8 of Punjab Civil Services (Punishment and Appeal) Rules, 1970. The Departmental appeal against the said order was dismissed.