CHITTARANJAN PRADHAN Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India wherein the order dtd.13.5.2018 as contained under Annexure-6 has been assailed, whereby and where under the petitioner has been removed from service and the period with effect from 29.5.2007 to 12.1.2008 has been directed to be treated as dies-non for all purpose.

(2.) The brief fact of the case of the petitioner, as per the pleading made in the writ petition is that he was appointed as a constable under Central Reserve Police Force in the year 2004, gone on leave from 30.3.2007 to 28.5.2007. During the leave period, he fell ill, hence could not be able to report to his duty after expiry of the leave period. In consequence thereof he has been proceeded by initiating departmental proceeding and after submission of report by the duly constituted Enquiry Officer, in which the charge of unauthorized absence related to declaring him as deserter has been proved, accepting the aforesaid enquiry report, the disciplinary authority has passed an order of removal from service, against which an appeal has been preferred before the Deputy Inspector General of Police, CRPF which has also been dismissed vide order dtd.4.9.2008 affirming the order of removal. The writ petition has been filed inter alia on the grounds that the marshaling office has not been appointed, the enquiry officer has acted as a prosecutor and the principle of natural justice has not been followed.

(3.) The opposite parties have appeared and filed counter affidavit, inter alia therein it has been stated that the petitioner after being appointed, has proceeded on 60 days sanctioned earned leave with effect from 30th March 2007 to 28.5.2007 but did not report back in spite of letters issued repeatedly to report for duties but a telegram received on 27.06.2007 stating therein that the petitioner is under treatment at MKCG Medical College due to mental depression.