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2013 Supreme(Del) 392
High Court of Delhi
PRADEEP NANDRAJOG & PRATIBHA RANI JJ.
Kartar Singh
Versus
GNCT of Delhi & Others
WP(C) 16867 of 2006
Decided on : 11-04-2013.
Advocate Appeared:
For the Petitioner:S.C. Luthra, Advocate.
For the Respondents:Aditya Madan, Advocate.
The central legal principle established is the obligation of government officers to maintain discipline and integrity, and the admissibility of official documents as sufficient proof in disciplinary proceedings.
Headnote:
Misconduct - Government Servant - [Prison Warder] - [Prison Act, Section 2(1)(j); Prison Rules, Rule 22] - The court discussed the incidents of misconduct by the petitioner, including abusing a senior officer and colleague, and being under the influence of alcohol during duty hours. The court emphasized the seriousness of the offense and the obligation of a government officer to maintain discipline and integrity.
Fact of the Case:
The petitioner, a prison warder, was charged with misconduct for abusing a senior officer and colleague and being under the influence of alcohol during duty hours. The inquiry officer found the charge established and imposed the penalty of dismissal from service, which was upheld by the Central Administrative Tribunal.
Finding of the Court:
The court found sufficient evidence to prove the petitioner's guilt in both incidents of misconduct. It held that the medical examination report and witness testimony corroborated the charges. The court emphasized the seriousness of the offense and upheld the dismissal from service.
Issues: The issues included the establishment of misconduct charges, the reliability of witness testimony, and the admissibility of the medical examination report.
Ratio Decidendi: The court emphasized the obligation of a government officer to maintain discipline and integrity, and the admissibility of official documents as sufficient proof in disciplinary proceedings. It also highlighted the quality of evidence over quantity and the contextual understanding of witness testimony.
Final Decision: The writ petition was dismissed, upholding the penalty of dismissal from service for the petitioner.
Oral Pradeep Nandrajog, J.
It is agreed that the writ petition could be heard today itself. Accordingly, the application
is dismissed as not pressed.
1. The charge against the petitioner reads as under:-
“It has been reported that on 30.07.2000 Sh.Kartar Singh, Warder, Roll No.466 while performing his duty in Jail No.2 from 2:00 PM to 10:00 PM, committed misconduct in as much as at about 4.30 PM started abusing Sh. Mahavir Singh, DS-I, in his absence at Chakkar, in the presence of Sh. Om Prakash, AS (Internal) and Sh. Inder Bahadur, Chief Head Warder. Thereafter again on 02-08-2000 said Sh. Kartar Singh, Warder – 466 came in Line Office at about 12.05 PM and started abusing L.O. Munshi Sh. Sanjeev Kumar, Warder-821 under the influence of alcohol in the presence of Sh. Basant Lal, Driver. The above act on the part of Sh. Kartar Singh, Warder-466 is highly objectionable and unbecoming of a Govt. servant, which lacks absolute discipline, integrity and devotion to duty.”
2. Amplifying, the statement of imputation records as under:-
“It has been reported that on 30-07-2000 Sh. Kartar Singh, Warder-466 while performing his duty in Jail No.2 from 2.00 PM to 10.00 PM reached at Chakkar at about 4.30 PM where Sh. Om Prakash, AS (Internal) and Sh. Inder Bahadur, Chief Head Warder were sitting. On reaching at Chakkar said Sh. Kartar Singh, Warder, Roll NO.466 started abusing to Sh. Mahavir Singh, DS-I in his absence. Again on 02.08.2000 at about 12.05 PM said Sh. Kartar Singh, Warder-466 reached in Line Office and started abusing to L.O. (Munshi) Sh. Sanjeev Kumar, Warder-821 in the presence of Sh. Basant Lal Driver. Being his appearance as if a drunkerd, the Dy.Supdt. Jail No.2 vide letter No.F.2/SCJ/CJ-2/LO/2000/4156 dt. 02.08.2000 reqeusted to the Medical Officer Jail No.2 to examine said Sh. Kartar Singh, Warder-466 and report. Dr. Ram Chander, Medical Officer after examining said Sh. Kartar Singh, Warder-466 submitted reported that behaviour of the said official aggressive, excessive and unrelevant talking, under influence of Alcohol Intoxication.
Thus, Sh. Kartar Singh, Warder-466 showed misbehaviour under the influence of alcohol, with Senior Officer as well as with his colleague.”
3. Four witnesses were examined at the inquiry and of the many documents proved one was a report dated August 02, 2000 by Dr.Ram Chander, Medical Officer of Jail No.2 evidencing that when medically examined, petitioner was reeking with alcohol. His pupils were semi-constricted, speech was slurred, reflects were sluggish and gait was unstable, he was aggressive and speaking irrelevant.
4. From the charge and the statement of imputation, the incident of misbehaviour can be split into two parts. Part 1 was of abusing Mahavir Singh in his absence at around 4:30 PM, a time which was in between 2:00 PM to 10:00 PM i.e. the duty hours. The abusing of Mahavir Singh in absentia was witnessed by Om Prakash AS Internal and Inder Bahadur, Chief Head Warder. This happened on July 30, 2000. The second incident of August 02, 2000 pertains to petitioner being under the influence of alcohol and at 12:05 PM abusing LO Munshi and Sh.Sanjeev Kumar Warder, which was witnessed by Basant Lal.
5. Pertaining to the incident of July 30, 2000, Om Prakash and Inder Bahadur have deposed as per the charge. Both of them have stated that at the chakkar, at about 4:30 PM, petitioner started abusing Mahavir Singh the Deputy Superintendent.
6. Pertaining to the incident of August 02, 2000, Basant Lal Driver, in whose presence petitioner started abusing, has not supported the case of the prosecution but we find that Sanjeev Kumar, the other person named in the charge in whose presence petitioner started abusing, has supported the indictment by even recollecting the vulgar words spoken by the petitioner. He has also stated that Sh.S.S.Dahiya Assistant Superintendent had heard the foul language and when he had intervened, was made the object of the abuses.
7. The medical ex
