PRATIK SAXENA Vs. UOI
LAWS(DLH)-2012-12-38
HIGH COURT OF DELHI
Decided on December 05,2012

Pratik Saxena Appellant
VERSUS
UOI Respondents

JUDGEMENT

PRADEEP NANDRAJOG,J. - (1.)HEARD for final disposal at the stage of preliminary hearing itself since learned counsel for the respondents states that the writ petitioner has filed all relevant record necessary to be considered for disposal of the writ petition.
(2.)THE charge memo dated January 25, 2011 listing the charge pertaining to negligence towards duty/indiscipline against the petitioner reads as under:-
"Force No.032570069 SI/Exe. Pratik Saxena of ,,A Coy, North Block, Zone ­ I, New Delhi was nominated for S.T.F. Commando Course conducted at R.T.C. Barwaha between 10.05.2010 to 03.07.2010 but the force member came back to Unit without completing the course. The Force member did not inform the Competent Authority about the reasons for abandoning the course in between. The above said act is symbol of your gross negligence for duty, indiscipline and disobedience of instructions of the superior officers."

Denying the charge the petitioner informed that due to medical problems he could not complete the RTC Course and as regards he not informing the Competent Authority about the reasons for abandoning the course he highlighted that the movement order itself records the reason why the petitioner was being sent back by the authorities at Barwaha and that said movement order was handed over by him to the Competent Authority when he reported back.

(3.)LEVYING the minor penalty of ,,censure, vide order dated February 01, 2011 the Deputy Commandant opined as under:-
"The statement of the force member is not acceptable as on 16/06/2010 (afternoon) movement order was issued by RTC Barwaha and under the special comments it was stated that "The above force member did not show any interest during the course and was on medical rest between 19.05.2010 to 04.06.2010." which clearly show that the delinquent force does not have any interest in the STF Course and he came back to the unit without completing the course on the excuse of back pain."



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