LALIT KISHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr.Th. Khagemba, learned counsel appearing for the petitioner and Mr. Boboy Potsangbam, learned CGSC appearing for the respondents.

(2.) The petitioner was appointed as a G.D. Constable in the CRPF on 1/6/2004 and while he was posted at the 165 Battalion located at West Bangal, he applied for granting earned leave for a period of 30 days. The request for granting earned leave made by the petitioner was allowed by the concerned authority by granting earned leave to the petitioner for a period of 30 days w.e.f. 12/10/2009 to 10/11/2009. While the petitioner was on leave, he fell ill and was suffering from Jaundice (Hepatitis) and he was adviced to take complete rest by the concerned Doctor from 10/11/2009 to 19/1/2010. Due to his illness, the petitioner could not report for duty after expiry of the period of his earned leave and the petitioner reported for joining duty only on 14/7/2010 after obtaining medical fitness certificate from the concerned Doctor.

(3.) On account of his unauthorised absence from duty, a departmental enquiry was initiated against the petitioner under Rule 27 of the CRPF Rules 1955 by issuing a Memorandum dtd. 27/8/2010 by the Commandant, 165 Battalion, CRPF, Tangasole, Salua, West Midnapur, enclosing therein Article of charges, statement of misconduct or misbehaviour in support of the Article charges framed against the petitioner, copy of the documentary evidence and list of witnesses. Thereafter, after conducting an enquiry, the enquiry officer submitted a report to the Commandant 165 Battalion, CRPF on 14/1/2011 thereby holding that the charges levelled against the petitioner were found proved. Based on the report submitted by the enquiry officer, the disciplinary authority issued the impugned order dtd. 7/5/2011 thereby awarding to the petitioner the punishment of removal from service w.e.f 7/5/2011.