SHIVDHESHAR SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard counsel for the petitioner and Smt. Poonam Mishra, holding brief of Sri K.C. Mishra on behalf of respondent Nos. 1 to 3. She also represents respondent Nos. 4 & 5.

(2.) The petitioner was a constable in Central Reserve Police Force1. He was arrested in Criminal Case No. 97 of 1988 and was therefore placed under suspension with effect from 20 June 1988. Later on, he was enlarged on bail. However, the suspension was not revoked. It seems that the petitioner proceeded on leave from 14 May 1990 to 12 June 1990, with due permission of the respondents.

(3.) The case of the petitioner is that thereafter he applied for extension of leave, but which was not granted and he was treated to be unauthorisedly absent from duty since 13 June 1990. Subsequently, the respondents initiated disciplinary proceedings against the petitioner for having overstayed the leave from 13 June 1990 to 12 July 1990 i.e. for 30 days without prior permission of the competent authority. The aforesaid proceedings were concluded ex parte, as the petitioner failed to appear before the enquiry officer, followed by an order dated 5 June 1992 passed by the Additional D.I.G., P, G.C., C.R.P.F. Rampur, whereby the petitioner was dismissed from service with effect from 13 June 1990. It has come on record that later on, the order was modified and the termination was made applicable from the date of the order of dismissal i.e. 5 June 1992.