SHAMSHER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS judgment is being dictated in open Court in the presence of the learned counsel for the parties.

(2.) FACTS leading to the filing of the present writ petition are as under:

(3.) THE preliminary inquiry was fixed on 2nd May, 1994 when the petitioner (hereinafter referred to as delinquent officer) chose not to appear and the matter was adjourned for 3rd May, 1994. He was duly informed of the said date with notice that in the event of his not participating in the proceedings, the inquiry would be held ex-parte. He chose not to participate and the statements of some of the prosecution witnesses were recorded on 25th June, 1994, 27th June, 1994, 28th June, 1994 and 29th October, 1994. It is not in dispute that the petitioner was informed and also had knowledge of the said date(s) of hearing. The matter was also fixed for 7th November, 1994 for recording of defence statement which he did not avail of nor filed any documents. During the course of the inquiry, eight witnesses were examined and copy of the medical report of Mast Ram was also placed on record. It is also not in dispute that as and when the Inquiry Officer examined the witnesses their statements were duly supplied to the delinquent officer.