Delhi District Court
Dpt.Eq./2/2018 on 19 July, 2018
IN THE COURT OF DHEERAJ MOR: ACJcumCCJcumARC
(SOUTHWEST): DWARKA COURTS: NEW DELHI.
F. No. F.07/17/ VIG/DWK
DO: Rampal, Farash90204
19.07.18
Fact Finding Enquiry Report
1.Vide memo no.2930/F.7/17/VIG/DWK dated 04.04.2018 of the office of District & Sessions Judge (SW), Dwarka, New Delhi, duly signed by Sh. Vijay Kumar Dahiya, Ld. Officer Incharge, Vigilance Branch, Dwarka Courts, Delhi, the undersigned was directed to conduct fact finding enquiry against Rampal, Farash, EC No.90204, posted in Care Taking Branch, District Court Dwarka, New Delhi (hereinafter referred to as delinquent, in short). The following 15 documents were enclosed with the said memo:
a). Letter of unauthorized absence of Admn. Br. (original);
b). Intimation of absence dated 01.11.2017(original);
c). Leave proforma of Sh. Rampal dated 19.07.2017 (original);
d). Medical certificate dated 18.07.17 (original);
e). Joining report of Sh. Rampal (original);
f). Monthly report of the Caretaker;
g). Letter of Ld. ACJ dated 25.05.17;
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h). Monthly report of the Caretaker;
I). Letter of Ld. ACJ, Dwarka Courts, Delhi;
j). Letter of Admn. Br. Dated 17.01.2018;
k). Joining report of Sh. Rampal (original);
l). Leave proforma of Sh. Rampal(original);
m). Medical certificate dated 10.01.2018 (original);
n). Letter of accounts & Admn. Branch, Dwarka Courts; and
o). Misc. papers.
2. Briefly stated, allegations against the delinquent are that he absented from his duties from 12.08.2016 to 18.07.2017 (340 days) and again from 17.08.2017 to 07.01.2018 (147 days) without prior intimation or permission from the concerned authority. Pertinently, he was posted in Care taking Branch, District Courts Dwarka, New Delhi, during the said period of absenteeism. On receipt of the said memo, the undersigned issued a notice of the said enquiry to the delinquent and Incharge, Care Taking Branch, Dwarka Courts, New Delhi.
3. In response to the said notice, the Care Taker, Care taking Branch, Dwarka Courts, New Delhi, placed on record copy of the attendance register of the aforesaid period pertaining to the delinquent. The original was seen, compared with its copy and it was returned. The copy of the said attendance register and copy of all the said 15 documents were supplied to the delinquent. A Page no.2 of 9 F. No. F.07/17/ VIG/DWK DO: Rampal, Farash90204 show cause notice dated 09.05.2018 was issued to the delinquent with the directions to explain the reasons for his absenteeism during the said period. In response to the said show cause notice, he filed a reply on 26.05.2018. In the said reply, he has stated that his wife, mother and son had expired on 22.12.2008, 05.09.2013 and 30.06.2016 respectively. He has further stated that on account of untimely demise of his said family members, he was under severe depression and further, he suffered from enteric fever during the said period. He has stated that there was nobody to look after his children. Therefore, in these circumstances, he was not mentally fit to join his duties and he was further busy taking care of his children and his brother's children. In his reply, he has remained conspicuously silent about the reasons for not giving prior intimation about his absenteeism during the said period.
4. In order to substantiate version of his illness, the delinquent has placed on record two medical certificates dated 18.07.2017 and 10.01.2018, purportedly issued by Dr. B.S.Singhal, M.B.B.S, DNB (M.D), Anand Hospital, Najafgarh, New Delhi. Dr. B.S.Singhal was summoned and he was examined as IW1. He has proved both the said certificates. He has testified that on 12.08.2016, the delinquent came to his hospital and he was found to be suffering from Enteric fever with Page no.3 of 9 F. No. F.07/17/ VIG/DWK DO: Rampal, Farash90204 Encephalopathy with Peripheral Neuritis with depressive psychosis. He has deposed that he remained sick for almost one year and he prescribed medicines for his treatment. He has testified that he issued medical certificate dated 18.07.2017 and the same is Ex.IW1/A. He has testified that again on 17.08.2017, delinquent came to his hospital with a complaint of receiving injuries due to fall from a bus. He has deposed that he advised him bed rest and issued a medical certificate dated 10.01.2018, which is Ex.IW1/B. He has deposed that during his treatment, the delinquent was never unconscious and he was properly communicated. He has deposed further that due to said decease, he could not properly stand and he needed one or two support persons for carrying him to the hospital.
5. The aforesaid allegations were put to the delinquent and his statement was recorded to seek his explanation. In respect of his absenteeism from 12.08.2016 till 18.07.2017, he has stated that he had orally intimated the office through Subhash Chand, Peon, PS Office, District & Session Judge (SW), Dwarka Courts, New Delhi. He has further stated that during the said period he was unfit to join his duties and for his illness, he was getting treatment from Dr. B.S.Singhal, who had advised him bed rest. He has stated that after joining his duties on 19.07.2017, he applied for medical leaves for the said period. In respect of his Page no.4 of 9 F. No. F.07/17/ VIG/DWK DO: Rampal, Farash90204 absenteeism from 17.08.2017 to 07.01.2018, he has admitted that he remained absent during the said period without prior intimation. He has stated that he was unwell and under depression during the said period and he was taking treatment from Dr. B.S.Singhal. He stated that he wants to examined witness in his defence.
6. In his defence, he examined Sh. Subhas Chand Peon, Posted at PS Office District & Sessions Judge(SW), Secretariat, Dwarka Courts, New Delhi. He has deposed that about one year back, Rampal called him on his mobile no.9899656815 and told him that he was unwell and he would not be able to attend his duties. He has deposed that he further asked him to give the said intimation in the office. He has deposed that on the same day, he went to the office of Ld. ACJ and orally gave the said information to Sh. Lalit Gulati and Mahender. He has testified that they asked him to give it in writing and further asked him to give the details about his illness and number of days for which Rampal shall be on leave. He has deposed that he wrote the same on a paper, however, they refused to accept the said paper stating that it did not contain the specific dates/ period for which Rampal would remain on leave. He has testified that he telephoncially intimated the said fact to Rampal.
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7. Accordingly, Sh. Lalit Gulati and Sh. Mahender were summoned to ascertain the veracity of the statement of Sh. Subhash Chand.
7.1. Sh. Lalit Gulati, Reader in the court of Sh. Deepak KumarII, Ld. MM (SW), Dwarka Courts, New Delhi and Sh. Mahender, Orderly (Safai Karamchari), Posted in the court of Sh. Pritam Singh, ld. ASJ (SW), Dwarka Courts, New Delhi, were examined as IW2 & IW3 respectively.
7.2. IW3 Mahender admitted that Subhash Chand slipped a folded letter in the pocket of his shirt against his consent. He has deposed that he handed over the said folded letter to Sh. Lalit Gulati. He has testified that Sh. Lalit Gulati after going through the said letter returned the same to him stating that it was a non specific, undated and ambiguous letter. He has deposed that Sh. Gulati further instructed him to return the same to Subhash and also instructed to tell Subhash to move an appropriate and specific leave application through the department of the delinquent i.e Care Taking Branch. He has deposed that he accordingly, returned the same to Subhash and conveyed the said instructions to him. Pertinently, he did not remember the date of the said incident. IW2 corroborated the version of IW3. However, even IW2 was not aware about the date of incident. He has deposed that the attendance register qua delinquent Rampal Page no.6 of 9 F. No. F.07/17/ VIG/DWK DO: Rampal, Farash90204 was and still being maintained at Care Taking Branch. IW2 has testified that he was not authorised to accept the said intimation as the same ought to have been given by them to the Care Taking Branch.
8. The delinquent was heard. The entire record is perused.
9. On the basis of the fact finding enquiry including testimony of the witnesses and the relevant record, my prima facie findings are as under:
a). The delinquent was absent from his duties from 12.08.2016 to 18.07.2017 (340 days) and after joining his duties on 19.07.2017, he worked for about one month. Thereafter, he again absented himself from his duties from 17.08.2017 till 07.01.2018 (147 days). Thus, his long absenteeism are on two occasions and in two batches with a gap of one month between them;
b). As per medical certificates Ex.IW1/A dated 18.07.2017 and Ex.IW1/B dated 10.01.2018, he was unfit for joining his duties during both the said periods;
c). The delinquent neither gave prior intimation to nor took permission from his department before proceeding on leave during the said periods of absenteeism;
d). The delinquent has failed to advance any justifiable reason for intimating the department about his absenteeism during the said Page no.7 of 9 F. No. F.07/17/ VIG/DWK DO: Rampal, Farash90204 period. In respect of first batch of absenteeism, he has stated that he asked Sh. Subhash to intimate about his leave to his department. Sh. Subhash has corroborated his said version. However, Sh. Subhash has categorically testified that the department did not accept his intimation and he had conveyed the said fact to the delinquent. In respect of non acceptance of the said intimation, IW2 Sh. Lalit Gulati has testified that not only he was unauthorised to accept the said intimation but even the said intimation was non specific and ambiguous. Thus, in the above circumstances, the delinquent did not take proper steps for intimating his leave to the department. Further, he failed to take any steps to intimate the department about his leave, once, he was informed by Sh. Subhash that the said intimation could not be conveyed to his department. In respect of the second batch of absenteeism, the delinquent has admitted that he had neither informed nor took permission from his department.
e). In view of the discussion in the preceding sub para, he did not take proper and effective steps to intimate his department about his absenteeism during his first batch of absence and he was so inconsiderate that he didn't even bother to intimate about his second batch of absence. Further, the delinquent has failed to advance any justifiable reason for said inaction. He has even failed to bring any perceivable fact on record to suggest that he Page no.8 of 9 F. No. F.07/17/ VIG/DWK DO: Rampal, Farash90204 was incapacitated by his illness to an extent that he was not in physical or mental position to intimate the said fact to his department. Thus, his conduct was apparently indifferent towards his duties and he callously & nonchalantly absented from his duties without seeking prior permission and without giving proper intimation to his department. His audacity is further highlighted when he failed to make an endeavor to intimate his department about his second batch of absenteeism despite non sanctioning of his leaves for first batch of absenteeism. He was careless and brazen to an extent that thought of his duties and his department went into oblivion.
10. Accordingly, the fact finding enquiry of the delinquent is concluded. A copy of this enquiry is supplied to the delinquent, free of cost.
11. This report be sent to Sh. V.K.Dahiya, Ld. Officer Incharge, Vigilance Branch (SW), Dwarka Courts, New Delhi, in a sealed cover, for necessary action and the remaining file be consigned to record room.
Announced in the open court (Dheeraj Mor) today i.e on 19.07.18 ACJ/CCJ/ARC:South West District DHEERAJ by Digitally signed DHEERAJ Dwarka Courts: New Delhi. MOR MOR Date: 2018.07.19 15:33:03 +0530 Page no.9 of 9 F. No. F.07/17/ VIG/DWK DO: Rampal, Farash90204 F.No.F.07/17/VIG/DWK DO Rampal, Farash 90204 19.07.18 Present: None for the department. Delinquent employee in person. Heard. Case file is perused.
Vide separate order announced in the open court, the fact finding enquiry is concluded. The said order/ report, in a sealed cover, be sent immediately to Sh. V.K.Dahiya, Ld. Officer Incharge, Vigilance Branch, Dwarka Courts, New Delhi, for necessary action.
Copy of the said report is supplied to the delinquent employee, free of cost.
Remaining file be consigned to record room, after due compliance.
(Dheeraj Mor)
ACJCCJARC (SW)
Dwarka Courts: 19.07.18
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