SUSANTA DALEI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution, the petitioner, who was a Constable, assails the order of punishment dated 24.06.2011 removing him from service, imposed by the Commandant, 52-BN, CRPF, Rangreth, Budgaon, Srinagar, opposite party no.4 as well as the order dated 24.10.2011 passed by the D.I.G. of Police, CRPF, Bhubaneswar, under Annexures-4 and 6 respectively.

(2.) The case of the petitioner is that he was appointed as a Constable (Driver) in the CRPF Group Center, Bhubaneswar in the year 2006. After completion of training, he was posted at Srinagar, Rangreth, Budgaon. He applied for leave in the month of August 2010 before opposite party no.4 on the ground of illness of his wife. The opposite party no.4 allowed the application for leave, whereafter he left the camp on 02.10.2010. Due to his illness, he could not join on duty and intimated the opposite party no.4 along with relevant medical papers and certificates. He over stayed for a period of 223 days. A departmental proceeding was initiated against him. After conduct an enquiry, the Enquiry Officer submitted report, whereafter the opposite party no.4 removed the petitioner from service. He unsuccessfully challenged the same before the D.I.G. opposite party no.3. The appellate authority confirmed the order passed by the disciplinary authority.

(3.) Pursuant to issuance of notice, a counter affidavit has been filed by opposite parties. The sum and substance of the case of the opposite parties is that the petitioner was appointed as a Driver on 30.04.2007 in CRPF. He had reported in this Unit on 07.10.2008. On 02.10.2010 he had deserted from Headquarters/52 Bn. Rangreth (J & K) without any permission/sanction of leave from the competent authority. An F.I.R. was lodged against him in Sadar P.S., Srinagar, Budgam (J & K) on 02.10.2010. He was directed to report on duty immediately vide Office letter dated 02.10.2010 but he did not pay any heed. Consequently, the OC Headquarter had filed a complaint under Section 9(f) of the CRPF Act 1949 in the court of learned Chief Judicial Magistrate on 04.10.2010. A warrant of arrest was issued against him on 04.10.2010. He could not be apprehended by the police. Subsequently as per the provisions of the CRPF Rules, 1955, an enquiry was ordered vide office order dated 22.11.2010. On the recommendation of the COI, he was declared deserter from Force with effect from 02.10.2010 vide office order dated 28.12.2010. Accordingly he was charge-sheeted on 29.01.2011 on the following charges :-