VIRENDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Shri Rahul Agrawal, learned counsel for the petitioner, Shri S. C. Misra, Additional Standing Counsel has appeared for the respondents.

(2.) THE petitioner was appointed on 3.1.1998 as a regular member of Central Reserve Police Force (C.R.P.F.) as Assistant Commandant. During the training period, he was posted to various Battalions of the C.R.P.F. While he was posted with 28th Battalion C.R.P.F. deployed at Hallo Majra, Chandigarh in the year 2001, he applied for and was granted 29 days earned leave w.e.f. 8.9.2001 to 6.10.2001 with permission to avail 7.10.2001 being Sunday by the Commandant of the Battalion and was due to rejoin duties on 8.10.2001. It is alleged that the petitioner could not rejoin on 8.10.2001, as his wife was pregnant and was seriously ill. He sent an application on 4.10.2001 requesting for 15 days extension of the leave on the ground of serious illness of his wife. His request however was not accepted by the Commandant and that he was directed to rejoin duty forthwith by telegram dated 9.10.2001. THE petitioner rejoined on his own on 6.1.2003. THE details of the extension of leave, sought by the petitioner from time to time and action taken thereon detailed in the order of the Union Public Service Commission dated 29.1.2006, are given below in the chart :

(3.) A statement of imputations of misconduct or misbehaviour in support of article of charge was appended to the Memorandum dated 30.8.2004. Shri Surendra Choudhary, Dy. Commandant, C.R.P.F. was appointed as the Presiding Officer by the Additional D.I.G.P. (Pers. I) on 25.10.2004. The petitioner submitted his written statement of defence on 17.9.2004 stating that during his leave period his wife was seriously ill, due to complicated pregnancy. His presence became a compulsion as she required his personal care. He could not leave her alone in that situation and requested for extension of leave. He further submitted in paragraph 5 of his written statement that during this period he had been facing severe domestic problems and that his parents at Allahabad could not take care of his wife in that condition as they were too old and that there was no one else to look after her in that traumatic condition of pregnancy. The doctors had advised her to take complete bed rest and not to take journey. They stayed at his in-laws house. His father-in-law is a Government servant and was posted out of station and brother-in-law was engaged in his hectic business schedule. His mother-in-law was suffering with severe backache problems. In these circumstances there was no body to look after his wife. She gave birth to a child by cesarean operation and was too weak and required to be looked after with extreme care as both mother and the baby were in critical stage of health. The condition of his wife further deteriorated due to an attack of jaundice which relapsed after sometimes. Under these circumstances he was under extreme stress and strain and was not able to decide as the matter was that of life and death. However, he kept on requesting the Commandant for considering his case for grant of leave.