BHUPENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the writ petition is for the issuance of a writ of Certiorari to quash order Annexure P/4 dated 22.03.2013 passed by respondent No.4, order Annexure P/6 dated 25.05.2013 passed by respondent No.3 and order Annexure P/9 dated 18.05.2015 passed by respondent No.2. Prayer is also for the issuance of a writ of Mandamus for directing the respondents to reinstate the petitioner in service with continuity of service and all consequential benefits.

(2.) Brief facts of the case as per averments in the writ petition are that the petitioner was appointed as Constable in the Haryana Police on 04.02.2012. While undergoing recruit basic training at the Haryana Police Academy, the petitioner proceeded on leave on 19.05.2012 for 23 hours but did not resume duty for a period of 164 days 4 hours and 30 minutes w.e.f. 20.05.2012 to 20.10.2012 and 21.10.2012 to 01.11.2012 purportedly on account of serious illness and during the aforementioned period remained under treatment of various doctors and Govt. hospitals at Bhiwani, Madhuban, Karnal as well as Medanta at Gurgaon.

(3.) That in the circumstances, respondent No.4 issued order Annexure P/1 dated 26.10.2012 for initiation of a departmental inquiry against the petitioner for indiscipline, negligence and carelessness towards duties. Assistant Commissioner of Police, Mujesar, Faridabad was appointed as the Inquiry Officer and a direction was issued to him to complete the enquiry by holding day to day proceedings and submit enquiry report.