PREM CHAND Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner has sought quashing of the order dated October 26, 2010 passed by the Disciplinary Authority impugning the penalty of removal from service on account of his continuous overstaying leave despite repeated call up notices. Since the statutory remedy before the Appellate and Revisional Authorities resulted in upholding the order of Disciplinary Authority, the petitioner has invoked the writ jurisdiction of this Court with a prayer for setting aside the penalty with direction to the respondents to reinstate him with all consequential benefits.

(2.) Brief facts relevant for the decision of this writ petition are that the petitioner was enrolled as Constable in CISF on March 27, 1996. In the year 2009 the petitioner was posted at CISF ASG, NSEBI Airport, Kolkata. The petitioner was informed by his Unit about a summon being issued by District Court, Bulandshahr requiring the appearance of the petitioner in Criminal Case No.81-A/305A/2007 under Sections 364/302 read with Section 201 IPC. To facilitate the appearance of petitioner before the Court, the respondents sanctioned thirty days earned leave to the petitioner. At the request of the petitioner HPL for a period of thirty days was further sanctioned to the petitioner who was required to report for duty on November 21, 2009 (F/N).

(3.) Since the petitioner failed to report for duty on expiry of sanctioned leave various call up notices were sent to him and in response thereof the petitioner sought extension of leave on account of his illness. The petitioner was called upon to report to his Unit at Kolkata and undergo his treatment at his Unit. The petitioner failed to comply with the directions to resume duty and memorandum of chargesheet dated April 01, 2010 with following Article of Charge was served upon him at his residential address requiring him to submit his written representation against the same within ten days from the date of receipt of the charge memorandum:-