S N SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) ALLOWED, subject to just exceptions. While on sanctioned leave, the petitioner was arrested on February 17, 2011 in FIR No.32/2011 PS Kalyanpur, Kanpur, U.P. for offences punishable under Sections 147/323/325/308 IPC and remained in judicial custody till February 25, 2011 when he was admitted to bail. He got the leave extended up to March 23, 2011 and joined duties on March 24, 2011 but did not inform the department that he had been arrested.

(2.) INFORMATION was received by the department of the petitioner being arrested and confined to the jail from February 17, 2011 to February 25, 2011 and thus a charge-sheet was issued to the petitioner for the offence of not informing the superior officers of his detention, a conduct, as per the charge which was unbecoming of a Government servant.

(3.) HOWEVER, learned counsel questions the penalty of compulsory retirement levied as disproportionate to the gravity of the offence i.e. the offence of not reporting to the superior officer that he had been arrested.