EX CONSTABLE ASHOK KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has sought the quashing of order dated 15th January, 1999 passed by the Commandant 5th Res/Bn Ghaziabad dismissing the petitioner from service under Rule 29 (1) of the Central Industrial Security Forces Rules, 1969 and the order dated 30th September, 1999 passed by the Deputy Inspector General, NZ dismissing the appeal of the petitioner.

(2.) BRIEF relevant facts to comprehend the controversies are that the petitioner while serving in the Central Industrial Security Forces (CISF) was posted at the Central Wrestling Team at Shakurbasti, Delhi. The petitioner was, thereafter, directed to move on 21st November, 1996 to report to IOC Mathura on 26th November, 1996. The petitioner, however, did not report on 26th November, 1996 allegedly on account of an injury on his right leg, suffered by him during the wrestling practice, because of which he remained absent from 20th November, 1996 up to 14th March, 1997, i.e. a total of 115 days without the alleged proper permission of the concerned officer. The petitioner also admitted that he had received the letters dated 20th January, 1997, 9th February, 1997 and 7th March, 1997 directing him to report to the IOC Mathura, but he couldnt do so since he was undergoing treatment for his injury.

(3.) THE charge sheet was sent to the petitioner by registered post at his home address and he was asked to reply within 10 days. THE petitioner replied to the charge sheet. Without taking the reply into consideration and on the assumption that reply had not been filed by the petitioner, an Inquiry Officer was appointed by order dated 4th May, 1998.