RAM LAL MEENA Vs. UOI

JUDGEMENT

(1.) WE note the undisputed facts before noting the disputed ones.

(2.) HAVING joined service as a Constable with CISF on July 15, 1994, for overstaying leave for a period of 17 days from June 03, 1996 to June 19, 1996, penalty of withholding one increment of pay for one year without cumulative effect was inflicted upon the petitioner. The next year, for overstaying leave for 13 days from February 21, 1997 till March 05, 1997, he was punished with three days pay being deducted as fine. Soon thereafter, for overstaying leave for 16 days from May 26, 1997 to June 10, 1997 punishment of two days pay being deducted as fine was inflicted upon the petitioner. Only five days leave being in his leave account, the petitioner applied for long leave, but in view of the fact that as per the leave account only five days leave was due as of March 15, 2000, the Commandant of the Battalion to which the petitioner was attached i.e., the 5th Reserved Battalion, stationed at Ghaziabad, sanctioned the petitioner leave for five days commencing from March 16, 2000 till March 20, 2000; requiring petitioner to report for duty in the forenoon of March 21, 2000. The petitioner did not report for duty and a G.D.Entry No.976 dated March 21, 2000 was made at 12:30 hours recording said fact and that intimation sent to the Unit Headquarter. Call notices dated March 27, 2000, April 19, 2000 and May 22, 2000 were sent at the residential address furnished by the petitioner. In spite of receiving the same, the petitioner did not join back till May 08, 2000. Required to join back on March 21, 2000, overstay period was 48 days.

(3.) AS per the Charge Memo, the charge against the petitioner was of overstay leave for 48 days beyond sanctioned permissible leave. The second charge was by way of intimation to the petitioner that his past service record, showing he being in the habit of overstaying leave, and penalties levied would be taken into account for deciding the quantum of punishment for the current indictment.