DIRECTOR GENERAL OF POLICE Vs. KOLUMBUS

JUDGEMENT

(1.) Instant writ appeal is directed against the order, dated 09.07.2018, passed in W.P.No.33362 of 2015.

(2.) The petitioner was appointed as a Grade-II Police Constable in the Police force. He was promoted as a Head Constable. He was absent from duty without information for 21 days from 20.10.2006. The petitioner was treated as a deserter and the desertion order dated 09.11.2006 was issued to the petitioner asking him to report before the Superintendent of Police. The petitioner reported before the Superintendent of Police, Railways on 29.11.206 and was taken back for duty by Office D.O.No.663/2006 in Rc.No.G3/13235/2006. While he was working in Perambur Railway Station, a charge memo dated 07.12.2006 was served on the petitioner. The charge against the petitioner was that he had absent himself unauthorisedly from 20.10.2006 for 21 days and that he has been treated as a deserter. It is stated that the petitioner has acknowledged the charge memo, but he did not submit any explanation within a prescribed time. The Deputy Superintendent of Police, Railways, was nominated a Enquiry Officer. Oral enquiry was conducted, which was not participated by the petitioner. The charges are held to be proved.

(3.) The Disciplinary Authority by an order dated 09.07.2008, agreed with the findings of the Enquiry Officer and awarded the punishment of removal from service. The petitioner did not filed an appeal. The petitioner filed a mercy petition before the Director General of Police, against the order dated 09.07.2008 passed by the Superintendent of Police, Railways, imposing the punishment of removal from service. The ground given in the mercy petition was that there were adverse family circumstances and mental stress, because of which he could not attend duty.