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19. Although applicant has acknowledged his pointed period of absence and pressed into service the plea of his illness, which remained unsubstantiated. The applicant submitted his defence statement, wherein, he has stated, that his medical certificates were genuine, his absence was not wilful and unauthorized, but on account of his illness, as per medical treatment papers of CHC (Community Health Centre), Baraut (Baghpat), UP. He admitted that he received the absentee notices. However, the applicant has miserably failed to substantiate his defence statement, by producing any cogent evidence.

20. Thereafter, having analysed the evidence on record and medical prescriptions, the EO concluded as under, vide impugned enquiry report dated 07.12.2011 (Annexure A-2):-

"Four PW-1, PW-2 & PW-3 as well as relevant record available on file, it is proved that Ct. Sunil Kumar No. 1056/T (PIS 28912028) (sic) remained absent for 2 years 5 days & 8 hours from 02.10.2009 to 08.10.2010 since, he was marked absent vide D.D. No. 23 dated 02.10.2009 Parliament Traffic Circle and he resumed his duty vide No. 11 dated 08.10.2011 Parliament Traffic Circle. Also he remained absented himself from 12.06.2009 to 18.06.2009 for a period of 6 days 2 hours and 50 minutes. However, he has taken pleas that he was seriously ill and he could not inform the competent authority. He also admitted in his defence statement that he received all the four absentee notices but failed to comply the directions of the senior officers. He submits his medical papers which shows that he was suffering from deferent types of diseases like FUC, Ac.Backache, Depression, Spondylosis (sic), Ac.Hepatitis etc. It is surprisingly that he submits the medical papers of his absent period from 12.06.2009 to 18.06.2009 (6 days 2 hours 50 minutes) whereas (sic) he had resumed his duty on 18.06.2009 at Vivek Vihar Circle but he failed to submit such medical papers at that time. It shows that he managed all the medical papers only to save his skin. From the previous absentee record it is crystal clear that he is habitual absentee. He was enlisted in Delhi Police as Constable (Executive) in 1991, as per record he remained 75 times absent from duty and so far 7 years (2+5) approved services of Ct. Sunil Kumar No. 1056/T in has been forfeited. In view the above facts & circumstances as well as records on file the charge is substantiated against Ct. Sunil Kumar No. 1056/T (PIS 28912028) beyond any doubt D.E findings is submitted for kind perusal & further orders please".

21. Thus, it would be seen, that it stands proved on record that the applicant remained wilful absent for a long period of 2 years, 5 days & 8 hours and 6 days, 2 hours & 50 minutes in the manner depicted hereinabove. He neither informed the department, nor sent any intimation or medical record. Even he did not join his duty, despite the service of absentee notices. He has also admitted in his defence statement, that he received all the four (4) absentee notices, but he failed to comply with the direction of the senior officers. The previous record of the applicant would suggest, that he is a habitual absentee and remained absent on 75 different occasions, for which he was accordingly punished. Even the medical prescriptions, issued by the Community Health Centre, Baraut, Baghpat, UP, shows that he was suffering from backache and hyper-tension and not from any serious ailment confining him to bed.

32. In the instant case, having completed all the codal formalities and agreeing with the findings of the EO, the DA has reconsidered all the issues raised by the applicant in the impugned order (Annexure A-3). The operative part of which reads as under:-

"From the record available on file, it is proved that the defaulter was remained absent for 02 years 05 days and 08 hours from 02.10.2009 to 08.10.2011 since, he was marked absent vide DD No. 23 dated 02.10.2009 and resumed his duty vide No. 11 dated 08.10.2011, Parliament Traffic Circle. Also he remained absent himself from 12.06.2009 to 18.06.2009 for a period of 06 days 02 hours and 50 minutes. However, he has taken plea that he was seriously ill and he could not inform the competent authority. He also admitted in his defence statement that he received all the four absentee notices but failed to comply the directions of the senior officers. He submits his medical papers which shows that he was suffering from deferent types of diseases like FUC, Ac.Backache, Depression etc. It is surprisingly that he submits the medical papers of his absence period from 12.06.2009 to 18.06.2009 (6 days 2 hours 50 minutes) where as he had resumed his duty on 18.06.2009 at Vivek Vihar Traffic Circle but he failed to submit such medical papers at that time. This shows that he managed the medical rest at later stage to create his defence as the ailments mentioned in the medical certificate are not of a serious nature. Besides, it is noticed that he had absented himself on 75 occasions without any intimation to the department/competent authority in past service carrier and Des were also initiated against him earlier as well for unauthorized absence and he was awarded the punishment of forfeiture of 2 years and 05 years service respectively. The punishment of Forfeiture of 05 years service permanently was awarded to him vide order No. 8950-66/HAP-T(D-1/HQ) dated 12.08.2009 and just after 01 & half month of decision of the abovementioned period, he again absented himself on 02.10.2009. Thereafter, when the instant DE initiated against him on 19.09.2011, he resumed his duty on 08.10.2011 vide DD No. 11/PTC. He was relieved from PTC to RND vide DD No. 07 dated 13.10.2011 and still running absent. There is no doubt in establishing the charge levelled against him. The defaulter remained absent wilfully and un-authorisedly, which is not acceptable in a disciplined force in any manner.