RAM KRUSHNA SAHU Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India is filed by the petitioner, inter alia, with the following prayers:

(2.) The relevant facts of the case are that the petitioner was appointed as Constable (SD) in Central Reserve Police Force on the basis of the recruitment test held at Berhampur, Orissa during 16.08.1994 to 20.08.1994 and was enlisted in the Force on 30.08.1994. While in service, in the year 1998, he applied for leave to attend his sister's marriage which was scheduled to be held on 1.2.1998. After considering his application the authorities sanctioned 7 days leave in his favour w.e.f. 17.01.1998 to 27.01.1998. While the petitioner was preparing to come back to join in headquarters, he, all of a sudden, fell ill and accordingly sent application for extension of leave and joined in the headquarters on 14.06.1998. The petitioner, after joining in the headquarters, found that his application for extension of leave has not been considered for which reason he submitted medical certificates to overcome his absence but the authorities initiated disciplinary proceedings under the head of following two charges :

(3.) The enquiry officer submitted his report holding the petitioner guilty of the charges. The disciplinary authority accepted the enquiry report and passed the final order dated 15.01.1999 dismissing the petitioner from service. Against the final order dated 15.01.1999, the petitioner preferred an appeal but the appeal was also rejected vide order dated 07.08.1999. Thereafter, the petitioner filed a revision petition against the orders dated 15.01.1999 and 07.08.1999 before the revisional authority which was considered and vide order dated 14.01.2000, the revisional authority directed the petitioner to join duties in 24th Bn., CRPC within 30 days from the date of receipt of the said order. The revisional authority has also passed the order of penalty of stoppage of increment for two years with cumulative effect for the charges leveled and proved against him in the departmental enquiry.