PRAKASH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) PRAYER in the petition is to quash the order dated 10-7-1995 (Annexure P-18), whereby the service of the petitioner was removed from service and also to quash the order dated 12-6-2000 (Annexure P-21) passed by the Appellate Authority.

(2.) SHORT facts of the case are that on 15-8-1986, the petitioner was appointed on the post of Dy. SP/company Commander in CRPF and was posted at Kapporthala. At the relevant point of time, he was posted in 'd' Battalion and was attending to his duties as assigned to him. The Officer Commanding of 'b' Battalion was on leave. Thus, the petitioner was directed to take charge from him till he returned from leave. On account of illness of his mother, the petitioner was also required to proceed on leave. While leaving the head quarter for looking after his mother, he handed over the charge to one Harbaslal, Inspector and proceeded on leave.

(3.) ON account of handing over of charge by petitioner to Harbaslal, he was issued a charge sheet for a misconduct and misbehaviour mainly on the ground that charge could not have been handed over to Harbaslal, without the approval of the Competent Authority. On such charge-sheet being received by him, he submitted his reply. Inquiry was conducted against him on the charges so levelled in the show-cause notice. In the enquiry, charges were held to be proved. Thus, the Disciplinary Authority passed an order of removal from service. Against this order, petitioner preferred an appeal before respondent No. 3. Respondent No. 3 has disposed of the appeal on 17-4-1996, without assigning any reasons. Thus, the petitioner has approached this Court for quashment of the said orders as mentioned above.