C.M.W.P. No. 21412 of 2004. Case: Narendra Singh Vs State Public Service Tribunal, Lucknow and Others. High Court of Allahabad (India)

Case NumberC.M.W.P. No. 21412 of 2004
CounselFor Appellant: V.K. Singh and M.N. Singh, Advs. and For Respondents: C.S.C.
JudgesRakesh Tiwari and Ashok Pal Singh, JJ.
IssueConstitution of India - Articles 226, 311, 311(2)
Citation2012 (7) ADJ 164, 2012 (5) AWC 5386 (All)
Judgement DateApril 12, 2012
CourtHigh Court of Allahabad (India)

Judgment:

Rakesh Tiwari, J.

1. Heard learned counsel for the parties and perused the record. Brief facts of the case are that the petitioner was appointed as a constable in the Police Department in 1980. He was transferred from G.R.P., Allahabad to District Aligarh vide order dated 10.5.1993 passed by the U.P. Police Head Quarter, Allahabad. The Senior Superintendent of Police Railway, Allahabad relieved him on 29.9.1993 for joining at District Aligarh where he was to join his duties by the forenoon of 7.10.1993 after availing the joining time. It is claimed that when he was going to join his duties he became seriously ill and developed acute pain in his chest, hence was unable to join at Aligarh. Therefore, he went to District Hospital, Agra and was examined by the Heart Specialist/Cardiologist who advised him to take rest. During this period of rest, he also suffered pain in his abdomen and from jaundice, hence he was admitted in District Hospital, Agra on 21.10.1993 under the medical treatment of Dr. P.K. Sharma and remained admitted there till 4.11.1993. Bed rest for a period of one month was also advised to him by the Doctor. As his health-did not improve, he was again admitted in District Hospital, Agra where he remained admitted there till 9.11.1994 under the treatment of Dr. P.K. Sharma as well as Dr. Manoranjan Sharma, Cardiologist, District Hospital, Agra. On discharge from hospital, the petitioner claims to have been further advised two months bed rest and thereafter he consulted the Doctor who again advised him bed rest w.e.f. 9.1.1995 for 2 months and that in the circumstances, he remained in a state of continuous ill health for more than 2-1/2 years since 1993 as such was unable to join his duties.

2. It is averred in the writ petition that he had sent a registered letter to the S.S.P., Aligarh informing him of his ailment and physical condition. A show cause notice was issued against the petitioner on 22.10.1994 to which he sent reply. A departmental enquiry was initiated against him regarding his absence from duly by the authority which was concluded in the absence of the petitioner by the Enquiry Officer. After perusal of the record and the enquiry report, respondent No. 2, S.S.P., Aligarh dismissed the petitioner from service vide his order dated 5.6.1995.

3. Aggrieved, the petitioner filed an appeal before D.I.G. Agra Range, Agra which according to him remained unactioned compelling him to file Claim Petition No. 1477 of 1998, Narendra Singh v. State of V.P. and others, before the State Public Services Tribunal, Lucknow (hereinafter referred to as the Tribunal"), which was dismissed vide Judgment and order dated 21.11.2003. Relevant extract of the order reads thus:

The service of the claimant is governed by the provisions contained in Police Act, 1861 and the provisions contained in the Police Regulations framed thereunder as applicable in the U.P. State Subordinate Police Officer's (Punishment and Appeal) Rules. 1991. There is no denial of the facts that the delinquent employee has the right of hearing not only during the enquiry proceedings conducted by the Enquiry Officer into the charges leveled against him but also at the stage at which these findings are considered by the disciplinary authority. This is in consonance with the requirement of Article 311(2) of the Constitution as it provides that a person shall not be dismissed, removed or reduced in rank except after an enquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

Coming to the instant case it is admitted on the part of the claimant that in compliance of the order of transfer dated 10.5.1993 for Joining at district Aligarh prior to forenoon of 7.10.93. Claimant failed to report on duty. The ground submitted on the part of the claimant is that claimant had fallen seriously ill developing pain in chest and abdomen and was under treatment there at District Hospital, Agra in respect of which he has furnished photo copies of the medical certificates of the Doctors of District Hospital, Agra as well as discharge certificates. It was contended on behalf of the claimant that non-participation in the enquiry proceedings by him and...

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