RAJ DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Ram Swarup predecessor of the appellants had filed present appeal against judgment dated 18.4.2009 passed in CWP(T) No. 2754 of 2008. Ram Swarup died during the pendency of the appeal and his legal representatives were brought on record.

(2.) The further relevant facts are that disciplinary proceedings were initiated against Ram Swarup who did not file any reply to the charge sheet. The Inquiry Officer conducted the inquiry and submitted his report on 14.7.1994. The disciplinary authority issued show cause notice to Ram Swarup on 3.8.1994 and he filed reply to the show cause notice on 16.8.1994. Thereupon the disciplinary authority imposed penalty of dismissal from service upon Ram Swarup on 3.9.1994. The delinquent filed appeal against the punishment order dated 3.9.1994 which was rejected by the Deputy Inspector General of Police on 18.2.1995. Ram Swarup thereafter filed review-cum-revision petition which was also rejected by the Director General of Police on 11.7.1995. Ram Swarup thereafter filed Original Application in the Tribunal which was lateron abolished. On abolition of the erstwhile Tribunal, the Original Application was transferred to the High Court and registered as CWP(T) No. 2754 of 2008.

(3.) The case of Ram Swarup delinquent was that he was not keeping good health on account of affliction with schizophrenia and he was proceeded exparte by the Inquiry Officer on 3.6.1994. The Inquiry Officer proceeded with the inquiry in an arbitrary manner by first holding the inquiry exparte and thereafter issued letter of allegations imputing willful absence on the part of delinquent from duty from time to time. He was dismissed from service on 3.9.1994. The dismissal order was challenged in appeal on various grounds, but main ground was that delinquent was unwell on account of schizophrenia. The appeal was dismissed on 18.2.1995 and the revision was dismissed on 11.7.1995. The respondents dealt the case of delinquent presuming him to be in perfect physical and mental health whereas he was stressing all alone that he was suffering from schizophrenia. The delinquent could not defend himself properly during inquiry which was one sided.