MOHD SHAHID Vs. ALIGARH MUSLIM UNIVERSITY

JUDGEMENT

(1.) This writ petition is directed against the order dated January 24, 1994 by which the petitioner was terminated and dismissed from service.

(2.) At the relevant time the petitioner was working as a Lab Attendant in the Department of Moalijat, A.K. Tibbiya College, Atigarh Muslim University, Aligarh. On October 19, 1993 the petitioner was suspended from service. It is the case of the respondents that a charge-sheet dated January 1, 1994 was sought to be served on petitioner initially through a peon and subsequently, by registered post but as the service was refused by the petitioner, a tele- gram was sent to him and a notice was also got published on January 21, 1994 in Urdu daily newspaper "Quaumi Awaj" From Annexure-1 to the counter affidavit which allegedly contains a copy of the charge-sheet dated January 1, 1994 it would be evident that the petitioner was accused of four charges including that he was arrested in a criminal offence under Sections 325/147/323/324 IPC and was sent to jail on June 15, 1992 under the orders of the Chief Ju- dicial Magistrate. The accusation was that the petitioner did not inform the respondent-Department with regard to his involvement in the criminal case, arrest and having been sent to jail by the Court. Another charge was that the petitioner proceeded on leave on a false pretext of illness on the dates he was in jail and thereby deceived the respondent- department and the appointing authority. The charges of carelessness, negligence in duties and remaining absent without prior sanction of leave were also levied, of which it was stated that the petitioner had been warned in the past.

(3.) According to the case of the respondents no reply to the charges was submitted nor the petitioner participated in the inquiry held against him. On the contrary, the petitioner has averred in paragraph 6 of the writ petition that immediately upon information (receipt of the telegram and the notice published in Quaumi Awaj submitted a memo dated January 22, 1994 stating therein that the charges against the petitioner were incorrect which he denied and demanded that he may be served with a copy of the charges. It is further averred that the petitioner also annexed a copy of the order dated November 11, 1993 passed by the Chief Judicial Magistrate, Aligarh and a copy of the memo dated December 8, 1993 issued by the Superintendent, District Jail, Aligarh, showing that the petitioner had never been sent to jail on June 14, 15, 16, 1992 as alleged against him. In the counter affidavit in reply to paragraph 6 of the writ petition all that has been stated, is that a warrant dated June 15, 1992 was issued against the petitioner. It was stated that the petitioner was involved in a case under Sections 147/323/324/325 of the Indian Penal Code. There is no specific denial of the assertions contained in paragraph 6 of the writ petition. Be that as it may, the impugned order of dismissal proceeded on the allegations that no reply to the charges was submitted nor the petitioner participated in the enquiry and, therefore, it was assumed that the petitioner had nothing to say in the matter. The order of dismissal was recorded in the following manner :