JAIPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enlisted as Constable in CRPF on or about 27th September 1988. For 128 days' alleged unauthorized leave, departmental proceedings were initiated against him, as the petitioner, despite an order to take part in the Inter-Sector Shooting Competition to be held on 25th February 2000, went on casual leave from 1st March 2000 to 6th March 2000 with holidays falling on 29th February 2000 and Sunday 5lh March 2000.

(2.) Although he was to report on duty on 6th March 2000, he remained absent till 5th July 2000. He was, therefore, shown absent from duty. By a Regd. Letter dated 22nd April 2000, he was directed to report to duty immediately but he neither complied therewith, nor sent any information to the concerned officer. As he failed to report to his duty, a warrant of arrest was issued against him. However, he reported on duty on 5th July 2000 before the Commandant Group Sector, CRPF, Mukammaghat.

(3.) In the departmental proceeding the petitioner was asked to submit his written statement, list of witnesses and documents etc. before the Inquiry Officer. On 12th September 2000, he appeared before the Inquiry Officer and produced two certificates alleging that he was ill during the afore-mentioned period. He also produced a First Information Report alleging theft of a suitcase containing clothes, Identity Card, Leave Certificate etc.