DAMOR KANTILAL N Vs. UNION OF INDIA

JUDGEMENT

(1.) : The present petition is filed being aggrieved of the judgement and order passed by the Assistant Commandant & Judicial Magistrate, 1st Class, 97th Battalion, CRPF, Gandhinagar in Case No.1/88 dated 16.6.1988 under sec.10(m) of the Central Reserve Police Force Act, 1949 ("the Act" for brevity) and also being aggrieved of the Office Order No.J.II- 1/88- 97/ EC.II dated 30.6.1988, whereby the petitioner was held guilty of an offence punishable under sec.10(m) of the Act and was sentenced to undergo rigorous imprisonment for 28 days in GC, CRPF, Gandhinagar Quarter Guard and that the period spent by the accused in the judicial custody from 14.6.1988 to 15.6.1988 will be set off against the period of sentence. The order dated 30.6.1988 reads as under :

(2.) Short facts giving rise to the present petition are that the petitioner, who was working as a Constable in the 97th Battalion of CRPF, an Armed Force within the meaning of the Central Administrative Tribunals Act, has started his career about 10 years ago from the date of the petition. It is the case of the petitioner that he took leave from his duty for seven days from 3.5.1988 and he was to rejoin his duty on 10.5.1988. The petitioner has gone to his native place during his leave period and during this time his brother's marriage was arranged and fixed on 13.5.1988. Therefore, on 10.5.1988 itself the petitioner sent a telegram to the respondent authorities requesting for extension of leave for four days. It is also the case of the petitioner that the petitioner has not maintained any other record of the telegram, but the Sub Post Master, Bhiloda has issued a certificate from his record certifying that the petitioner has sent this telegram on 10.5.1988 addressed to the respondent authorities for extension of leave for four days.

(3.) It is the case of the petitioner that thereafter the wife of the petitioner was not well while the petitioner was on leave, and later she developed serious chronic bronchitis and was under treatment of the Medical Officer, Primary health Centre. The petitioner was to remain with her during her illness. A certificate issued by the Medical Officer, Primary Health Centre, Gabat is also produced on record of this case. The petitioner remained with his wife till 13.6.1988 and it was in the evening of 13.6.1988 that the petitioner reported back for his duty.