DINESH KUMAR ATRI Vs. UOI

JUDGEMENT

(1.) THE facts are not in dispute and the only issue which arises for consideration is: Whether the petitioner had a justification to abscond. Secondly, whether the penalty of compulsory retirement levied upon the petitioner is shockingly disproportionate to the gravity of the offence.

(2.) IT may be noted that the petitioner had joined service under CRPF in January 1987 and had served without a blemish, till he did the offending act attracting levy of penalty of compulsory retirement upon him vide order dated 31.8.2009.

(3.) WHEREAS SI Chander Deep Singh accepted his guilt and requested to be spared stating that this was the only blemish on his part and he had only 10 months' service to superannuate. HC Ram Lochan stated that he and SI Chander Deep Singh got down from the train taking goods and when they returned, the train left. They were left behind. They took another train to reach Delhi. Therefrom they reached Jammu. Petitioner took the defence that he received information of his wife being seriously ill and requesting SI Chander Deep singh to leave the party on 30.12.2008 from Ahmedabad Railway Station, he left the station and reached the 24th Bn. on 4.1.2009, after meeting his wife.