BHARAT KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner Bharat Kumar, vide the present petition, seeks the setting aside of the following:-

(2.) The respondents arrayed to the petition are the Secretary, Ministry of Agriculture, Krishi Bhavan, New Delhi and the Chairmancum-Managing Director of State Farms of India Ltd., New Delhi, arrayed as respondent No.1 and respondent No.2 respectively.

(3.) The Statement of Articles of Charge framed against the Petitioner was in relation to Article of Charge No.1, which was in relation to the petitioner having unauthorizedly absented himself from duty from 27/12/2010 whilst working as an Administrative Officer at the Central State Farm, Bahraich. It has further been stated in the Articles of Charge that it had been reported that the petitioner left the farm on his own will from 27/12/2010 without getting any leave sanctioned from his Competent Authority, and a memorandum dtd. 14/1/2011 was also issued to the petitioner by the Director, Central State Farm, Bahraich to explain the reason as to why he deliberately left the farm without prior permission and without getting the leave sanctioned, but no reply was received from him till the date of the Memorandum of the Articles of Charge dtd. 2/2/2011. The said action of the petitioner, as per the Articles of Charge, was in violation of rules and regulations of the Corporation, with it having been stated therein that the petitioner had violated the provisions of Regulation 123 B(l), (b), (c), (d) and (2) and 123 C, (5), (7), (8), (18) and (20) of the Staff Regulations of the Corporation.