CT. (MAH.) SANTOSH KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner assailing the following orders: -

(2.) AS per the averments made in the petition the petitioner was enrolled as CT(Mah) in CRPF on July 10, 1992 and she had performed her duties with full devotion and dedication. She proceeded on casual leave for six days from May 04, 2009 to May 11, 2009 to arrange repayment of loan taken by her from her colleagues but could not arrange the same as she was beaten by her family and thrown out of the house. The petitioner was in deep depression and in a hope of some guidance and support she requested the respondent to extend her leave for 30 days vide postal receipt Ex.P -2 (dated May 13, 2009). Petitioner failed to discharge her duty and under deep shock and despair she took her motorcycle to unknown destination and because of her mental state she met with an accident sustaining multiple injuries on her body and head and was treated at Pyare Lal Hospital, Meerut, U.P. Her medical treatment record and certificates have been annexed as Annexure P -3 (Colly). In state of depression she stayed in Haridwar for some time. Her efforts to contact the Company C.H.M. on phone proved futile.

(3.) THE writ petitioner complains of violation of principles of natural justice by the Disciplinary Authority by proceeding ex -parte against her as well the order of dismissal being disproportionate to the misconduct allegedly proved against her. As per petitioner the impugned orders have been passed without looking into her family circumstances resulting into her unauthorized absence. The order of dismissal has been passed without following the principles of natural justice and in violation of Rules governing the petitioner. The petitioner has also prayed for her reinstatement with full back wages and seniority of service and in the alternative dismissal to be converted into discharge with all pensionary benefits and release of her dues.