JUDGEMENT
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(1.)Seeking review of our order dated September 23, 2013, drawing attention of this Court that while penning the opinion the Court overlooked Rule 8(a) and Rule 10 of the Delhi Police (Punishment & Appeal) Rules, 1980, it is additionally urged that when learned counsel for the petitioner opened arguments with reference to the law declared by the Supreme Court in the decision reported as Bhagwan Lal Arya Vs. Commissioner of Police, 2004 4 SCC 560 as also CMD Coal India Ltd. Vs. Mukul Kumar Choudhary & Ors., 2009 15 SCC 620 the Court terminated hearing by putting a query as to the number of years petitioner had served when penalty was inflicted.
(2.)Our decision dated September 23, 2013 notes that the petitioner started unauthorizedly absenting himself from duty from the intervening night of 11th and 12th May, 1996 and this was noted when he did not report for duty at the PCR Van 'R-65', a fact recorded in DD No.7 dated May 11, 1996. We have also noted that in spite of 2 absentee notices dated May 28, 1996 and May 31, 1996 served at his residential address, the petitioner did not report for duty. He continued to remain absent till when on June 03, 1996 the Competent Authority decided to initiate disciplinary proceedings. The order also records that even during the inquiry period the petitioner continued to be absent from duty. We have noted that when the Inquiry Officer served a notice upon the petitioner requiring him to join inquiry proceedings on June 11, 1996, he sent a letter giving reason of being sick for not being able to present himself before the Inquiry Officer and enclosed a medical certificate dated June 11, 1996 issued by GTB Hospital Shahdara as per which petitioner was suffering from viral fever and was advised bed rest for 5 days. We have noted that in view thereof the Inquiry Officer postponed the hearing at the inquiry for June 17, 1996 under intimation to the petitioner. The petitioner did not appear and thus the summary of allegations with accompanying documents were sent at the residential address of the petitioner where, in his absence the same were received by his brother named Jitender Singh on June 24, 1996. We have noted that probably for the reason petitioner's brother received the summary of allegations and the accompanying documents the Inquiry Officer got re-service effected by pasting on June 26, 1996. The order records that in the meanwhile on June 24, 1996 the Inquiry Officer received following three documents from the petitioner:-
"(a) A medical certificate dated June 11, 1996 purportedly issued by Medical Superintendent, Upgraded Primary Health Centre, Baghpat, Meerut which recorded that the petitioner was suffering from viral fever and was not in a position to join duty for the period from May 13, 1996 to June 10, 1996.
(b) A medical slip dated May 13, 1996 purportedly issued by Medical Superintendent, Upgraded Primary Health Centre, Baghpat, Meerut which recorded that the petitioner was suffering from viral fever and is advised bed rest for a period of four weeks.
(c) An undated medical certificate purportedly issued by Shanti Bhawan Health Centre, Meerut which recorded that the petitioner was admitted at the said centre on June 15, 1996 for treatment of "Diarrhea Vomit" and was in need of rest for a period of 15 days."
(3.)The order records that being of the opinion that there was no justifiable reason for the petitioner not to participate at the inquiry proceedings and the medical documents submitted were not creditworthy the Inquiry Officer proceeded ex-parte against the petitioner and examined three witnesses of the prosecution and in light of the evidence led framed a charge which was received by the petitioner, the charge mirroring the summary of allegations i.e. that the petitioner was unauthorizedly absenting himself from duty. The order records that at that stage the petitioner participated at the inquiry and while admitting absence and denying the same being unauthorized; furnishing a justification for the same he pleaded sickness and examined one Dr.Om Prakash as DW-1 who proved two medical certificates.
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