C. SRIKUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The order of dismissal from service passed by the disciplinary authority, which was confirmed by the Appellate Authority/3rd respondent and Revision Authority/2nd respondent are under challenge in the present writ petition.

(2.) The writ petitioner joined as Constable (General Duty) in the Central Reserve Police Force. The petitioner states that due to his ill health and on account of illness of his wife, he was unable to attend the duty. The petitioner sent a representation to the Department for grant of leave and to extend the leave period along with the Medical Certificate for his overstay. However, the petitioner was dismissed from service through order dtd. 28/3/2011, stating that he remained unauthorisedly absent from attending duty. The petitioner states that an enquiry had been conducted in his absence and he had not received any communication from the Department regarding departmental enquiry. The ex-parte enquiry conducted and the consequential dismissal order passed were done in the absence of the writ petitioner. Thus, the petitioner preferred an Appeal to the 3rd respondent on 17/10/2012 along with the relevant documents. However, the Appeal was rejected on 24/6/2013 and he preferred a Revision Petition before the 2nd respondent, who in turn, confirmed the order passed by the Disciplinary Authority and the Appellate Authority.

(3.) The learned counsel for the petitioner mainly contended that the petitioner was ill health and his wife was also suffering from medical complications and he was hospitalised along with his child. Under those circumstances, he overstayed in his native place and therefore, the genuine reasons furnished by the writ petitioner was not considered by the respondents even in Appeal. It is contended that an ex-parte enquiry was conducted in the absence of the writ petitioner and based on the ex-parte enquiry report, the order of dismissal from service was issued. Thus, the orders impugned are liable to be set aside.