Prolonged absence treated as willful misconduct despite medical claims absent proof of department intimation; disciplinary findings upheld if enquiry fair and not perverse.

ORDER

Hon’ble Mr. Rajinder Kashyap, Member (A):-

By way of the present OA filed u/s 19 of the AT Act, 1985, the applicant, in Para 8 of the OA, has prayed for the following reliefs: -

“(a) Quash and set aside impugned orders dated 03/05/2016, Order dated 30/06/2016 and order dated 27/03/2017 (mentioned in Para 1 of the OA), whereby the Applicant was penalized with the penalty of forfeiture of 2 years approved service permanently and his absence period was treated as period not spent on duty. And

(b) Direct the respondents to restore the forfeited service of the Applicant, and is absence period may kindly be treatment as spent on duty of all intention purposes with all consequential benefits viz. seniority, promotion etc. And

(c) Award cost in favour of the Applicant and against the respondents. And/or

(d) Pass any further order, which this Hon’ble Tribunal may deem fit, just equitable in the facts and circumstances of the case.”

2. Pursuant to notice, the respondents have filed their counter affidavit opposing the claim of the applicant and have prayed for dismissal of the present Original Application. The applicant has also filed his rejoinder denying the contention of the counter affidavit and reiterated his claim in the OA.

3. The undisputed facts which are apparent from the pleadings available on record are that the applicant was appointed as Constable in Delhi Police in the year 1986 and thereafter, promoted to the rank of Head Constable (Exe.) on 27.01.2020. The applicant was posted at PS Ranhola. It is stated by the applicant that he was not keeping well and admitted in Park Hospital on 09.04.2013 and was discharged from the said hospital on 18.04.2013. It is relevant to mention herein that the applicant obtained credit facility from the department which proves that the applicant was not keeping well and was not in the position to attend his duties/office. Thereafter, he was visiting different hospitals from time to time. It is submitted that thereafter the applicant has taken treatment from various doctors/authorized practitioners, who specifically advised him for taking complete bed rest to recuperate from the diseases. The applicant submits that he and his family members have time and again intimated the department about the illness/medical condition of the applicant. He further submits that the respondents transferred him from PS Ranhola to Battalion DAP. It is pertinent to mention that he was not even informed about his transfer/relieving from West Distt. to 1st Battalion. The applicant further submits that the respondents without taking into consideration his mitigating circumstances, initiated the disciplinary proceedings against him vide order dated 15.10.2015, wherein, it was alleged that the applicant absented himself from his duties unauthorizedly and willfully. It was further alleged that the applicant violated CCS (Leave) Rules, 1972 and instructions contained in SO No. 111. It is submitted that the applicant was issued summary of allegations, list on documents and list of witnesses. The applicant denied the allegations leveled against him. During the disciplinary proceedings, the respondents examined 9 PWs. It is pertinent to mention that though no evidence came on record which points out that applicant misconducted by absenting himself from duty willfully and unauthorizedly, yet the respondents framed the charge against the applicant. The applicant further submits that the circumstances were beyond his control because of which he could not attend his dutie