SUNIL KUMAR Vs. UOI

JUDGEMENT

(1.) Assigned the roster to hear writ petitions pertaining to Para Military Forces, we are constrained to note that every 4th case dealt with by us pertains to a Constable or a Head Constable of a Para Military Force overstaying leave or leaving the unit in a state of distress and claiming that he told the Company Havaldar Major of the reason why he was going to his village and needless to state the Company Havaldar Major not being the competent authority to sanction leave, disciplinary action being taken against these Constables and Head Constables for the misdemeanour of unauthorized absence. Invariably, penalty imposed is of removal or dismissal from service or one of compulsory retirement.

(2.) These cases have a cry for justice on the part of the Petitioners who render a tale of woes with reference to the social conditions in their village. We highlight that each and every case dealt with by us in this category pertains to a Constable or a Head Constbale from a rural area.

(3.) On the other hand is the call of discipline raised by a Para Military Force. We are told that the command structure would be adversely affected if jawans are allowed to decide for themselves as to when should they avail leave.