RAJBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner by this writ petition seeks quashing of the order of removal from service dated 1.11.1993 and also a writ of mandamus to the respondents to reinstate him into service with all consequential benefits. The impugned order for removal from service had been passed in the exercise of powers under Rule 29(A) Schedule II read with Rule 31(b) of the Central Industrial Security Force Rules.

(2.) Petitioner, admittedly, remained absent from duty from 11.3.1993 for a period of nearly 234 days, without permission. Petitioner was earlier on sick leave from 8.2.1993 to 10.3.1993. He was, however, certified fit to resume duty on 11.3.1993 by the Medical Officer. Petitioner, however, left the quarters with his family for his native place without taking leave or permission. Petitioner claims that he could not resume his duty due to ill-health and constant mental and physical torture by his colleagues as well as some senior officers. Respondents sent a number of call notices, requiring the petitioner to join duty, but he failed to do so. Accordingly, a Charge-memo was sent to the petitioner. Petitioner duly received the same and sent his reply dated 22.6.1993, denying the charges and claiming that he had committed no mistake and that he had been caused mental and physical torture, compelling him to leave the place of his duty to save his body and limbs from further deterioration. Reply sent by the petitioner was found to be unsatisfactory and an enquiry was ordered.

(3.) Petitioner did not participate in the enquiry proceedings and was proceeded ex-parte. He, however, sent a communication dated 25.9.1993 claiming that he was on sick leave while at the unit and his wife had brought him for check-up at the native place and he remained under medical treatment till 24.9.1993. He requested for the enquiry being dropped and being restored in service. Again, vide his representation dated 15.10.1993, he stated that he had become well after a long time and recovered from sickness and was in a position to take up responsibilities and discharge his duties. He requested that he be attached temporarily either to the CISF headquarters at New Delhi and if that was not feasible, he be shifted out from Durgapur and posted at Calcutta. It is in these circumstances that the order of removal from service was passed on 1.11.1993 and the appeal preferred against it by the petitioner, was rejected on 16.2.1994.