SUNIL CHAUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition, a challenge is made to the order of punishment so as the order passed on appeal.

(2.) IT is a case where petitioner was charge-sheeted for remaining absent. The charge-sheet was sent through registered post though allegation of petitioner is that it was never served on him. The petitioner's defence in regard to the absence is due to his ailment and family circumstances. It is stated that petitioner was operated for Piles followed by further treatment, thus could not attend duties. He could not defend his case before the disciplinary authority in absence of service of charge sheet, thus all the relevant documents showing treatment of petitioner during the intervening period were placed before the competent authority, however, it failed to consider the same thereby imposed punishment of dismissal, which was then converted into punishment of removal in appeal. It is stated that punishment is quite harsh and excessive, thus disproportionate to the charges made against petitioner. Accordingly, it is prayed that impugned order be quashed so as the order passed in appeal. I have considered the submissions made above and perused the record carefully.