- (1.) This petition filed under Article 226 of the Constitution by Shri Gurdev Singh, Patwari, prays for quashing order dated 15.6.1999 (P-1) dismissing the petitioner from service in pursuance to a departmental inquiry in which the petitioner has been found guilty of absence from duty. The order dated 9.8.2000 (P-2) passed by the Appellate Authority is also subject-matter of challenge as are the orders dated 6.11.2003, passed by the Revisional Authority (P-3), as also the order dated 24.9.2004, passed on the Review Application (P-4).
(2.) Brief facts may first be noticed. The petitioner joined the service of the respondent department in February, 1975. His work and conduct has been found to be Good or Very Good. However, from 10.9.1997 to 21.12.1997, the petitioner was found absent from duty when he was working as Patwari Halqa Kheri Saraf Ali, Tehsil Assandh, District Karnal. Accordingly, he was charge-sheeted on 24.2.1998 under Rule 7 of the Haryana Civil Service (Punishment and Appeal) Rules, 1987 (for brevity, 'the Rules'). The following four charges were framed against him :- "1. That he remained continuously absent from his halqa from 10.9.1997 to 21.12.1997 without application for leave/intimation. 2. That SDO(C) Karnal vide his letter dated 30.9.1997 called for his explanation. He neither submitted his explanation nor presented himself in his halqa. 3. That he never took interest in his work so that the charge of his halqa was given to Chhabildas, Patwari. 4. That Sh. Gurdev Singh, Patwari is habitual in remaining absent, not taking interest in Government work and disobedient."
(3.) The petitioner did not file any reply to the charge-sheet and thereafter the Sub Divisional Officer was appointed as Enquiry Officer to enquire about the veracity of the aforementioned charges. The Enquiry Officer submitted his report on 13.2.1999 and reached the conclusion that the petitioner was guilty of charges as he remained wilfully absent from duty from 10.9.1997 to 21.12.1997. The Collector, Karnal, respondent No. 3, who is the punishing authority of the petitioner, issued a second show-cause notice to the petitioner on 19.3.1999 which was duly replied by the petitioner on 2.6.1999. After considering the reply to the show-cause notice, the punishing authority granted an opportunity of personal hearing to the petitioner. The punishing authority recorded an additional finding that the petitioner had admitted in the reply his absence from duty from 10.9.1997 to 21.12.1997 and 1.1.1998 to 24.9.1998 due to illness and that he was unable to do the Government duty efficiently. After noticing the aforementioned facts, the punishing authority passed an order dated 15.6.1999 (P-1), dismissing the petitioner from service. The operative paras of the order are reproduced hereunder for facility of reference :- "Sh. Gurdev Singh, Patwari submitted his reply in this office on 2.6.1999 to the second show-cause notice and in his reply, this official admitted that he was absent from 10.9.1997 to 21.12.1997 and 1.1.1998 to 24.9.1998 and due to illness, he was unable to give explanation called vide letter dated 30.9.1997 and was unable to do the Govt. Duty efficiently but he has not submitted any medical certificate with the reply from which it can be taken that he was ill. This Patwari was given personal hearing on 15.6.1999. Today on 15.6.1999 I have heard Sh. Gurdev Singh Patwari, Halqa Kheri Saraf Ali, Tehsil Assandh personally in presence of Sadar Kanungo, Karnal. During personal hearing the employee was unable to give any clarification and neither he has produced any medical certificate. So it is clear that Sh. Gurdev Singh Patwari remained absent willfully from his area, Kheri Saraf Ali and neither he has shown any interest in Govt. duty. I understand that Sh. Gurdev Singh Patwari wilfully absented himself from his area, disobeyed the orders of his higher officials and is habitual of not taking interest in Govt. duties. Like this he has remained absent from his area for more than one year i.e. 370 days without any leave application and information and he is fully guilty. To keep such an employee is neither in the benefit of the Govt. nor is beneficial for the people. So, I Davinder Singh, IAS, Collector Karnal, hereby punish Sh. Gurdev Singh, Patwari, Halqa Kheri Saraf Ali, Tehsil Assandh by dismissing him from services.";