RAJ KUMAR GAUTAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition was initially filed as Original Application before the M.P. Administrative Tribunal Bench at Bhopal, in the year 1996, which after the closure of the Tribunal has been transmitted to this Court and is registered as writ petition.

(2.) The petitioner was a Constable in the 25th Battalion Special Armed Forces (hereinafter referred to as SAF for brevity) Bhopal, who was visited with a penalty of compulsory retirement on account of committing misconduct of remaining absent from duty for a long period of 219 days and of not complying with the order of transfer after a departmental enquiry, has challenged the order of penalty in this petition. The charge sheet was issued to the petitioner indicating the aforesaid cause of misconduct and making the allegations. A reply to the charge sheet was filed by the petitioner. The stand taken by the petitioner was that since he was ailing, he made the application by registered post for grant of medical leave supported with medical certificates of the Government Physician and, therefore, was not in a position to comply with the order of transfer nor was in a position to resume his duties. He ultimately resumed the duty on 21.12.1993. The reply of the petitioner was not found satisfactory and a departmental enquiry was conducted by Assistant Commandant of the Battalion, who submitted a report. After receipt of the report, the petitioner was called upon to file an explanation to the findings recorded by the enquiry officer against him. Such an explanation was submitted by the petitioner, but again after considering the same, the disciplinary authority held that the charges levelled against the petitioner were proved, therefore, vide order dated 20.10.1994, the petitioner was compulsory retired from service. The period of absence of the petitioner with effect from 2.4.1993 to 20.12.1993 was treated as no work no pay.

(3.) The petitioner preferred an appeal against the said order, which was decided by the appellate authority on 24.1.1995. The Deputy Inspector General of Police, SAF, Bhopal, while rejecting the appeal of the petitioner modified the order passed by the disciplinary authority with respect to treating the period of absence of the petitioner as no work no pay and regularised the same by granting leave of the said period to the petitioner. A mercy petition was preferred, but again the same was dismissed on 17.6.1995 by the Director General of Police, therefore, the Original Application was filed.