SATISH KUMAR YADAV Vs. UOI

JUDGEMENT

(1.) THE petitioner, appointed as a constable with the Central Reserve Police Force in the year 1995, was attached with 131st Bn. CRPF in the year 2003, deployed at Dimapur. While he was on 30 days earned leave and 15 days paternity leave from 22.12.2003 to 04.02.2004 the 131st battalion moved to Gund Srinagar from Dimapur. Having no knowledge of the same, petitioner reported for duty at Dimapur on 04.02.2004 i.e. the Battalion Headquarter, when he was informed that Unit had moved in the meanwhile to Gund Srinagar.

(2.) A party of personnel, including the petitioner, were sent under the command of Havaldar GT Mark, to the Battalion Headquarters at Gund Srinagar by train. En route, at the New Delhi Railway Station where the train had halted, the petitioner took permission to have tea and breakfast and thus he parted company for a few minutes but he disappeared from the station. As the train was about to leave, Hav.G.T.Mark and other members searched, but could not locate the petitioner. The party took a train and proceeded to Jammu and reaching the battalion headquarters on 13.2.2004 Hav.G.T.Mark reported petitioner having abandoned the party at New Delhi Railway Station. The report was given to the O.C.T.C.

(3.) A perusal of the charge-sheet reveals that the actual charge is the 1st article of the charge and that the 2nd article of the charge merely informs the petitioner that his past conduct, of overstaying leave, will be taken into account once the first charge is proved. We have repeatedly highlighted in various judgments that past conduct for which punishment has been levied should not be listed as an Article of Charge as it unnecessarily gives birth to an argument: that having been penalized in the past for a wrong, the rule against double jeopardy would be violated if for the same wrong another penalty is imposed.Where the department wants to bring to the notice of the delinquent that on the issue of penalty, his past conduct would be looked into, the relevant stage is when the inquiry report is submitted and it indicts the delinquent. At that stage, while forwarding the inquiry report the Disciplinary Authority should bring to the notice of the delinquent that his past conduct would be considered on the issue of penalty.