ZAKIR HUSSAIN Vs. COMMANDANT CENTRAL RESERVE POLICE FORCE

JUDGEMENT

(1.) In this case the writ petitioner- appellant, Zakir Hussain, was serving in the Central Reserved Police Force at the material time. He was absent for 82 days. His case was that he had gone to play football match for the C.R.P.F. at Durgapur but he had to desert and attend to his ailing father, who was suffering from serious illness of infective hepatitis. One C.B. Baisoya D/C was appointed the Inquiry Officer. He submitted a report totally exonerating the writ petitioner. It was concluded that he did not have any intention of desertion; that he was only in a confused state of mind; that he should be given the benefit of doubt; that no act of gross misconduct or disobedience under Section 9(f) of the C.R.P.F. Rules, 1949 had been proved.

(2.) As required by sub Rule (6) of Rule 27 this inquiry, not being held by the Commandant, was forwarded by way of the report to the Commandant, who was compelled under the said rule to record his findings and pass order.

(3.) The Commandant, Mr. R.C. Puri, recorded findings flatly contradictory to the findings of the Inquiry Officer. He held that the articles of the charges have been proved against Zakir Hussain, that he failed to reply the official correspondence and that he was thus guilty beyond any shadow of doubt. The Inquiry Officer, Baisoya, had also noted that Zakir Hussain had not received the letter of E/66 as he had gone to see his father in Calcutta.