MEIHOUBAM IBOCHA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner while working as a constable (Tailor) in CRPF Group Centre, Langjing, Imphal was dismissed from service on the ground of unauthorized absence by order of the Addl. D.I.G.P. -cum -Commandant G.C., CRPF, Langjing, Imphal on 26.06.2006. His appeal against the order of punishment was also dismissed and Revision filed thereafter challenging the order of punishment as well as order passed by the appellate authority was rejected. Therefore, challenging the order of dismissal from service passed by the disciplinary authority, order of the appellate authority rejecting the appeal as well as order of the Revisional authority rejecting the revision, this writ application has been filed.

(2.) THE case of the petitioner is that while serving as a constable (Tailor) in the Group Centre of CRPF in the state of Manipur, he suffered from "Lumber Spondylosis" and was admitted to CRPF Base/Group Hospital, Langjing on 24.10.2005 and he was discharged from hospital on 26.10.2005. The treating doctor advised for rest for which a medical certificate was also issued for grant of leave. On the basis of the said medical report, leave was granted and the petitioner went back to his home. During the leave period, he was getting himself treated in Jawaharlal Nehru Hospital, Manipur. After the leave period was over, the petitioner could not join duty because of the illness and while the matter stood thus Addl. DIGP, CRPF, Group Centre, Langjing, Imphal, by an order dated 18.2.2006 declared the petitioner "a deserter". It is the further case of the petitioner that after recovering from ailment, he had gone to the group centre for joining duty along with a medical certificate but the Gate Commandant, Havildar and other CRPF personnel did not allow him to enter into the group centre. Subsequently, attempts were made by him to join duty but was not allowed and the petitioner went back home awaiting intimation from the competent authority. On 17.3.2006, he received the memorandum along with article of charges issued by the Respondent No.5 through registered post. By order dated 15.03.2006, Shri P.K. Sahoo, Assistant Commandant of the Group Centre, CRPF, Langjing had been appointed as Enquiry Officer. After being so appointed, the Enquiry Officer, by letter dated 17.03.2006, directed the petitioner to produce himself in the departmental enquiry along with all the documents in support of his defence. After receipt of the letter, it is alleged by the petitioner that he went to appear before the enquiry officer but, he was apprehended at the entrance gate and was kept in custody of quarter guard for about 24(twenty four) hours. Thereafter, the petitioner was allowed to perform his normal duties by confining him to the premises of the group centre, CRPF, Langjing. The Enquiry Officer conducted the enquiry, examined witnesses and submitted the report finding the petitioner guilty of charge of unauthorized absence.

(3.) MR . M. Devananda, learned counsel for the petitioner challenges the order of punishment of dismissal from service as well as the subsequent orders passed by the Appellate Authority and Revisional Authority on the following grounds: -