ANVARBHAI KASAMBHAI Vs. CHIEF SECURITY COMMISSIONER

JUDGEMENT

(1.) The present petition is filed by the petitioner being aggrieved of an order of removal of the petitioner on the ground of unauthorised absence, which came to be confirmed in appeal also.

(2.) Short facts giving rise to the present petition are that the petitioner, who was serving as Constable in Railway Protection Force ("RPF" for brevity) at Pratap Nagar, Vadodara was due to resume his duty in the shift of 0000 hours to 0800 hours on 12.2.1991. The petitioner did not resume his duty till the service of the charge sheet which was served on 10.1.1992. It is the case of the department that the petitioner was served with two notices dated 20.6.1991 and 2.8.1991, which were received by the petitioner on 22.6.1991 and 6.8.1991 respectively, whereby the petitioner was asked to report for duty, but the petitioner did not. Nor did he intimate the cause of his absence. The petitioner was, therefore, charged for leaving headquarters without permission and remaining absent from duty with effect from 12.2.1991 till the date of issuance of charge sheet and the same was treated to be an act of indiscipline and also unbecoming of a member of the Armed Force.

(3.) The petitioner has challenged the order of removal, which came to be passed after departmental inquiry, which was concluded by the Inquiry Officer by his report dated 12.2.1992, relying on which the impugned order of removal dated 5.3.1992 was passed. Said order was acknowledged by the petitioner on 9.3.1992, against which an appeal was filed and the same came to be dismissed by an order dated 13.4.1993. The petitioner has challenged the order of removal on the ground that the same is passed without taking into consideration the defence of the petitioner. It is the case of the petitioner that the petitioner was not keeping good health from December 1990 and he was facing severe chest pain, cough and fever and he continued to take treatment from Railway Hospital, but could not recover. On 9.2.1991, the petitioner took medicine from the Railway Hospital and he was to report for duty on 12.2.1991, but due to his serious illness, the petitioner could not report for duty and he personally went to inform the Subedar and also gave in writing on 13.2.1991 that he did not come to join duty the previous day because of his serious sickness and that as the petitioner was residing in the city area, he had to visit the nearer private doctor and he took medicine with the help of his brother. It is the case of the petitioner that he did inform in writing that it is not possible for him to join the duty because he was advised complete rest for 12 days by the private doctor. The petitioner has produced a copy of the prescription for treatment from Railway Hospital upto 9.2.1991 and two certificates advising complete rest for a period of about one month.