SUNIL KUMAR Vs. UOI

JUDGEMENT

(1.) OBTAINING six days casual leave on the ground of his aunt being unwell, the petitioner, a Constable with Central Reserve Police Force, proceeded on leave on April 16, 1998, requiring him to report back on April 23, 1998. The petitioner did not report back till May 03, 1998 and the Commandant of the concerned battalion issued a letter dated May 04, 1999 directing the petitioner to report forthwith for duty. The petitioner did not report back. Being subject to the discipline of a Central Para Military Force where a Constable cannot simply desert, the Commandant moved an application before the Court of the concerned Magistrate within whose territorial jurisdiction the petitioner permanently resided to apprehend the petitioner and produce him before the Commandant of the nearest CRPF Battalion. A warrant of apprehension was issued on June 22, 1998, but could not be executed.

(2.) THE petitioner reported for duty on August 28, 1998 and on September 23, 1998 a charge sheet was issued to him listing 1 article of charge, which reads as under:-

(3.) AFTER department led evidence, petitioner made a statement admitting overstaying leave but justified by stating that as per custom he had to stay back to perform religious ceremonies on the 30th day of his aunt expiring and that thereafter he fell ill and was diagnosed suffering from jaundice. The petitioner produced evidence of sending four telegrams to his Coy. Commander informing as aforesaid as also a death certificate pertaining to his aunt and two medical certificates.