PARTHA DUTTA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner was a Cook in Army. He served the battalion for thirteen and half years. He was on sanctioned leave from December 25, 2009 to January 12, 2010. He went to his native place at Ranaghat in the district of Nadia and overstayed on the plea of wife's illness. Neither he sent any information nor come back to join until he was arrested by the local police after being declared as a deserter. He, however, claimed that he had a telephonic conversation with the Commanding Officer on January 19, 2010 and March 16, 2010. The Authority admitted that the delinquent called on the Officer over telephone on January 19, 2010 when he was asked to come back to Kolkata with his ailing wife and the Administration would take care of her treatment including providing the family a guest house accommodation. Pertinent to note, the real purpose to avoid transfer at Binaguri, which was issued in the mean time. Despite the hospitality being extended to the family, the delinquent did not join. He was, therefore, discharged from service, as the Authority found no other alternative.

(2.) He approached the Tribunal. The Tribunal observed that the order of discharge did not call for any interference. The Tribunal, however, was sympathetic towards him and observed as follows:-

(3.) The petitioner is still happy. He has approached us by filing the instant application.