NIKAM VIKRAM ANANDRAO Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a Constable General Duty (GD) in the respondents Sashastra Seema Bal (SSB), has filed this petition impugning the order dated 11th September, 2019 of termination of his services as well as the order dated 21st February, 2020 of dismissal of his departmental appeal against the order of termination; axiomatically mandamus for reinstatement of the petitioner to the post of Constable Cook in respondents SSB, since 11th September, 2019, with all consequential and monetary benefits, is also claimed.

(2.) It is the case of the petitioner, that (i) he joined the respondents SSB as a Constable GD, on 4th May, 2012; (ii) the wife of the petitioner is also a woman constable in the respondents SSB; (iii) both, the petitioner and his wife, since the year 2017 are posted at Delhi, at Ghitorni; (iv) the petitioner, without sanctioned leave, on 10th May, 2019 went to Satara, Maharashtra, for the wedding of his sister scheduled on 19th May, 2019; (v) though the petitioner had applied for leave from 6th May, 2019 to 5th June, 2019 but was advised to take leave with effect from 13th May, 2019; (vi) on 18th June, 2019, a Court of Inquiry was ordered against the petitioner and on 8th August, 2019, a show cause notice issued to the petitioner; (vii) on 23rd August, 2019, a second show cause notice was issued to the petitioner; (viii) the show cause notice was published in the newspapers of 25th and 26th August, 2019; and, (ix) on 11th September, 2019, the petitioner was dismissed from service and on 21st February, 2020, the departmental appeal preferred by him was dismissed.

(3.) The petition is sketchy and disjointed and lacks in continuity and clarity. A reading of the first show cause notice dated 8th August, 2019 issued to the petitioner and copy whereof has been filed by the petitioner shows that (a) the petitioner, posted in the Company at R.K. Puram, New Delhi, was directed to report at Battalion Headquarters, Ghitorni, on 4th May, 2019 at 1415 hours; (b) the petitioner absconded enroute, at his own will and did not assume his duty despite repeated reminders; (c) communications directing the petitioner to assume duties were issued at the home address, on 13th May, 2019, 21st May, 2019 and 1st June, 2019 but the petitioner failed to assume duties; (d) a Court of Inquiry was ordered on 18th June, 2019, after expiry of 30 days of absence without sanctioned leave; (d) on receipt of report of the Court of Inquiry, the Disciplinary Authority was satisfied that there was no justification for absence of the petitioner without leave and without inventory of government property in his possession; (e) apprehension roll was issued to the police authority on 26th July, 2019 to apprehend the petitioner; (f) the petitioner had neither surrendered before police authority nor had been apprehended and was on 5th August, 2019 declared a 'deserter'; and, (g) the petitioner, by the said notice was being called upon to assume duties within a period of 15 days after receipt of notice failing which he shall be dismissed from service.