SANTOSH KUMAR Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) Petitioner has filed this petition being aggrieved by office order dated 19th August, 2010 passed by the Commandant of Group Centre, Central Reserve Police Force, Gwalior, Madhya Pradesh, whereby the petitioner has been visited with punishment of dismissal from service w.e.f. the date of issuance of the order and his name has been directed to be struck off from the strength of the said Group Centre on the same date, however, he has been sanctioned minimum compassionate allowance as per Rule 41 (2) of Central Civil Services (Pension) Rules, 1972 (hereinafter shall be referred to as the Rules of 1972). It has been further directed that his period of desertion i.e. 04.01.2010 to 10.01.2010 be registered as 7 days of E.O.L.

(2.) Petitioner submits that once the punishment of unauthorized absence/desertion has been regularized by sanctioning E.O.L., then it may be deemed that respondents have condoned the act of delinquency of the petitioner and, therefore, there existed no justification to hand over such punishment of dismissal from service.

(3.) Learned counsel for the petitioner also submits that the order of punishment is too harsh and disproportionate to the alleged misconduct and, therefore, the Appellate Authority has wrongly dismissed his appeal dated 17.09.2010 vide order dated 14.10.2010 (Annexure P-2).