KARAMJIT SINGH Vs. DIRECTOR, PGI MER & OTHERS

JUDGEMENT

(1.) Karamjit Singh-the petitioner was working as a Class IV employee (Ward Servant) in the Library of Post Graduate Institute of Medical Education and Research (hereinafter referred to as PGI MER) in the month of July, 1990. It is alleged that on the basis of a complaint dated 29.7.1990, charge-sheet was served upon the petitioner to the extent that he had assaulted Naresh Kumar, Assistant with a Saw (Aari) causing head injury and he, therefore, was alleged to have exhibited gross misconduct unbecoming of an employee of the Institute and thereby contravened the provisions of Rule 3(1)(iii) of Central Civil Services (Conduct) Rules, 1964. The petitioner was directed to submit his written explanation in defence within a period of 10 days, but he failed to submit his explanation or defence. Dr. R.C. Mahajan, Head of the Department of Paracitomalogy was appointed as the Enquiry Officer under Rule 14 of the CCS (CC & A), Rules 1965. The enquiry officer submitted his report which was conveyed to the petitioner vide memo. dated 30/1/1992. The Enquiry Officer submitted his report stating therein that on the basis of the evidence on record, the charges against the petitioner stood established. The petitioner was required to make his representation/submission on the enquiry report, copy of which was supplied to him along with the letter aforesaid. The petitioner submitted his representation. On consideration of the records and the representation, the impugned order dated 5.8.1992 (Annexure P-6) was passed wherein the petitioner was removed from service with immediate effect. However, it was mentioned therein that his removal from service shall not be a disqualification for his future employment under the Government. On 14.9.1992, the petitioner preferred an appeal under Rule 23 of the Central Civil Services (CC & A) Rules, 1965 against the said order of removal to the Competent Authority i.e. the Union Minister for Health and Family Welfare, being the President of the PGI MER. The decision on the said appeal was conveyed to the petitioner on 23.12.1993 vide Annexure P-12, intimating the rejection of his appeal. It is this order and the order of removal from service dated 5.8.1992 (Annexure P-6) which have been challenged by the petitioner by way of the present writ petition.

(2.) Upon notice having been issued, the respondents have put in appearance and filed a detailed reply supporting the impugned order dated 5.8.1992 (Annexure P-6) vide which the petitioner was removed from service as well as the order dated 23.12.1993 (Annexure P-12) vide which the appeal of the petitioner was not accepted. It has been submitted by the respondents that the petitioner joined as Class IV (Ward Servant) in the PGI MER on 24.12.1981 and was posted in Nehru Hospital, PGI MER. The petitioner has a chequered history of absence from duty and the details of his absence from duty have been given in Para 2 of the written statement. There were many adverse remarks which are very poor. The facts as submitted by the petitioner with regard to the charge-sheet, the enquiry and the impugned orders along with appeal stand admitted. It is the submission of the respondents that after the complaint dated 29.7.1990 was made by Naresh Kumar, as per the report dated 7.9.1990 submitted by Dr. Inderjit Dewan, Chairman Library Committee, the petitioner had admitted before him that he had hit Naresh Kumar with the Saw (Aari) and a medical report vide Out Patient ticket No. S-170416 dated 28.7.1990 was also got done. The impugned order of removal from service has been supported by the respondents, also the decision of the Union Minister for Health and Family Welfare wherein the appeal of the petitioner was considered and rejected.

(3.) I have heard counsel for the parties and gone through the records of the case with their able assistance.