NARESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has challenged the order dated 28th April, 2010 passed by the respondents, directing the removal of the petitioner from the service and has also sought directions to the respondents to reinstate the petitioner in the service with back wages, seniority, promotion and all the consequential benefits.

(2.) THE petitioner was a Head Constable (General Duty) and was posted at CISF Unit, CPT, Cochin. The petitioner was given earned leave from 25th November, 2008 to 9th December, 2008 for 15 days. The petitioner after the expiry of his earned leave had to report to the unit on 10th December, 2008 (Forenoon), however, the petitioner did not report back after the expiry of his earned leave and remained absent from 10th December, 2008 upto 8th April, 2009 for 120 days. The petitioner thereafter, reported to the unit CPT at Cochin only on 9th April, 2009.

(3.) A chargesheet was also served on the petitioner on 8th July, 2009, however, despite the reasonable opportunity given to him no reply was filed by him. Sh.M.P.Singh, AC was, therefore, appointed as an Enquiry Officer. A presenting officer was also appointed on 27th February, 2010 in order to enquire into the charges made against the petitioner.