SURESH KUMAR Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The petitioner has filed the present writ petition assailing an order dated 30th May, 1994 passed by Shri D.C. Dey, Commandant, 42nd Battalion, Khonsa, Central Reserve Police Force (hereinafter referred to as 'CRPF' for brevity) exercising powers of the Chief Judicial Magistrate under Section 16(2) of the Central Reserve Police Force Act, 1949 (hereinafter referred to as 'CRPF Act, 1949' for brevity). By this judgment, the petitioner was found guilty of the offence of having overstayed leave without permission/sanction from the competent authority, without sufficient cause under Section 10(m) of the CRPF Act, 1949 and having failed to join the duty. The Commandant as Judicial Magistrate First Class had imposed the sentence of "simple punishment till the rising of the court".

(2.) As a result of the imposition of the sentence of imprisonment, the Commandant had exercised jurisdiction under Section 12(1) of the CRPF Act, 1949 read with Rule 27(a) of the CRPF Rules, 1955 directing that the petitioner be dismissed from service w.e.f. 30th May, 1994. The petitioner assailed this judgment by way of an appeal made to the Director General of Police (hereinafter referred to as 'DIGP' for brevity) of the CRPF dated 24th June, 1994 which was rejected by an order dated 29th August, 1994. The petitioner has challenged this order passed by the Director General of Police as well in the present petition.

(3.) The facts giving rise to the present petition to the extent necessary are briefly noticed hereafter. On 29th January, 1981, the petitioner was appointed as a Constable in the CRPF. The record discloses that the petitioner had sought leave on the ground that his wife was unwell and was granted earned leave of 33 days between the period 15th December, 1993 to 16th January, 1994. On 12th January, 1994, the petitioner telegraphically sought extension of the leave on the ground that his wife has failed to recover which was followed by a representation of the same date.