VINOD KUMAR Vs. UOI

JUDGEMENT

(1.) THE petitioner was charged for the offence of having deserted the Unit lines while attached as a Constable to the 1st Bn. CRPF on June 29, 1996 and that he reported back for duty on January 05, 1997 i.e. after 190 days. To put it plain, the charge was of deserting duty and remaining unauthorizedly absent for 190 days.

(2.) WE note at the outset that in paragraph 2 of the writ petition the petitioner has himself pleaded that the Unit to which he was attached was posted at Kistward, District Doda, J&K but had been transferred to Delhi and that the petitioner had reached Delhi with the advance party.

(3.) IN response to the charge-sheet issued, petitioner submitted a reply in which he pleaded that he had to leave the Camp on account of compelling domestic problem i.e. his wife being seriously sick and he not being sanctioned the necessary leave. He also took a stand that the very next day when he left the Camp i.e. on June 30, 1996, he was admitted to the clinic of one Dr.V.K.Garg, MBBS, where he remained under treatment till July 04, 1996. He pleaded that thereafter he was admitted in Daulana Hospital on August 17, 1996 where he remained under treatment till November 15, 1996. He claimed that thereafter he remained under treatment till December 31, 1996 and when his condition improved, he reported at the Camp on January 05, 1997. He further claimed to have obtained a Fitness Certificate on January 04, 1997.