N RAJAN Vs. DEPUTY COMMANDANT CISF UNIT

JUDGEMENT

(1.) The petitioner has challenged the order of dismissal from service as confirmed by the appeal and revisional authorities.

(2.) The petitioner was appointed as Constable under Central Industrial security Force and joined duty on 1.3.1979. While he was serving as constable in Adilabad district, he received a letter regarding his wife’s illness and he submitted an application for leave. However, he was told by the Deputy Commandant that leave could not be sanctioned. The petitioner left for his native place in Tamil Nadu to look after his ailing wife. A call-up notice was sent in the address of the petitioner directing the petitioner to resume duty immediately, but the petitioner gave a reply stating his difficulties in rejoining duty due to illness of his wife. In his absence, departmental proceedings was initiated and he was called upon to submit explanation. The petitioner in his explanation reiterated that he had returned to his native place to attend his ailing wife. Ultimately after completion of the enquiry, order of dismissal was passed on 16.5.1994. The appeal and the revision filed by the petitioner were dismissed. The writ petition is against these orders.

(3.) A counter affidavit has been filed on behalf of the respondents stating that the petitioner was a member of disciplined force and he should not have abandoned the duty.