KALUVA BALMIKI Vs. COMMANDANT

JUDGEMENT

(1.) DURING 10 years of service, petitioner a safai karamchari attached to HQr-103 RAF, CRPF had overstayed leave 7 times. The 7th time he had overstayed leave by 36 days, when a week?s leave was granted to him on account of illness of his wife. After availing of 7 days leave petitioner was to report on 26.12.1997 for duty but he had reported back on 30.01.1998.

(2.) FOR unauthorisedly overstaying leave, a memorandum of charge was served upon the petitioner on 17.2.1998. The Article of Charge reads as under:-

(3.) THE impugned order of removal from service was sought to be assailed before us directly on the ground of the penalty being grossly disproportionate to the misconduct of the petitioner being unable to seek extension of leave. It was sought to be highlighted that similarly placed employee Smt. Geeta Sharma has been visited with a lesser penalty than the one inflicted upon the petitioner. In the counter affidavit filed by the respondents it was highlighted that the case of another employee Smt.Geeta Sharma was on a different footing than that of the petitioner.