Pradeep Nandrajog, J.

1. Working as a Constable with Delhi Police the petitioner was detailed for night duty at PCR Van R-65 in the intervening night of 11th and 12th May, 1996. As he did not report for duty the petitioner was marked absent as recorded in DD No.7 dated May 11, 1996. Thereafter the department sent two absentee notices dated May 28, 1996 and May 31, 1996 at the residential address of the petitioner to which he neither responded nor give reason for his absence nor resumed duties.

2. In view of the continued absence, on May 31, 1996 the petitioner was placed under suspension with immediate effect. Thereafter on June 03, 1996 the competent authority ordered disciplinary proceedings against the petitioner for continued unauthorized absence from May 11, 1996.

3. As per the Delhi Police (Punishment & Appeal) Rules, 1980 a Summary of Allegation was drawn up requiring the same to be served upon the petitioner by the Inquiry Officer before commencing recording evidence of the department.

4. The procedure required the petitioner to be served for a date to appear before the Inquiry Officer.

5. The record of the enquiry would reveal that the Inquiry Officer sent a n