RADHEY SHYAM Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) RELEVANT facts necessary to be noted for adjudication of the present petition are that in the year 1994 the petitioner was appointed as a Constable in Railway Protection Force (hereinafter referred to as the ('RPF') and posted at New Delhi Railway Station in the year 2011.

(2.) ON July 07, 2011, the Disciplinary Authority issued an order placing the petitioner under suspension with effect from July 03, 2011. Significantly, the suspension order dated July 07, 2011 merely records that the petitioner has been placed under suspension and nowhere records that "petitioner should present himself daily for attendance to any authority nominated by the disciplinary authority?.

(3.) THE (three) charges framed against the petitioner can be summarized as follows: - (i) after being suspended on July 03, 2011, the petitioner unauthorizedly absented himself for a period of 52 days from July 04, 2011 to August 24, 2011 and (ii) petitioner remained in judicial custody on August 17, 2011.