HAMIRBHAI R GOJIYA Vs. CENTRAL RESERVE POLICE FORCE

JUDGEMENT

(1.) WE have heard Mr G.M. Joshi, learned counsel for the petitioner. This petition has been filed challenging the order dated 13.12.2010 passed by the respondents dismissing the petitioner from service.

(2.) THE brief facts are that the petitioner was appointed as soldier/GD in December, 2005 and at the time of the incident in question he was posted at Chattisgarh. According to the petitioner, his father suddenly fell ill and he rushed for his treatment. His Casual Leave from 15.10.2009 to 4.11.2009 was sanctioned but he overstayed the leave and remained absent from 5.11.2009 t0 10.3.2010. THEreafter he had joined his duty w.e.f. 11.3.2009 at Rajnandgaon, Chattisgarh. A charge sheet was issued to the petitioner on 12.4.2010 for unauthorised absence from duty. Inquiry Officer was appointed and had conducted departmental disciplinary proceedings in accordance with the principles of natural justice and submitted his report. During the inquiry proceedings, statement of the petitioner was also recorded. After the inquiry report, show cause notice was issued to the petitioner and thereafter by the impugned order, the petitioner has been dismissed from service on the ground that his absence from duty demoralises the other soldiers who were on duty in Naxal affected area and the act of the petitioner in remaining absent without sanctioned leave was a serious misconduct for which the petitioner has been dismissed from service. It is not disputed that the petitioner was serving in Central Reserve Police Force and discipline is the backbone of the service.