K K DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner K.K. Das, while serving as Constable in the Central Industrial Security Force, in short CISF, was subjected to disciplinary proceeding. The charge against the petitioner was that Constable K.K. Das while posted at CISF Unit, IOC, Guwahati was informed on 25.12.95 about his transfer from Guwahati to Panchgram and he was directed to collect his movement order, railway warrant and LPC by 31.12.95. The petitioner, however, absented from duty unauthorisedly and without leave with effect from 27.12.95 and he remained on unauthorised absence for 525 days. The petitioner resumed his duty when he was served a call up notice.

(2.) The writ petitioner denied the allegation of absence from duty from 27.12.95 and claimed that he went on leave from 1.1.96, upon hearing the illness about his wife. After returning from leave, the petitioner moved from pillar to post to get a copy of the movement order but as nothing was furnished to him, he could not join his duty at Panchgram and he went back to his native place and stayed there till 3.6.1997.

(3.) On the basis of the report of the inquiry Officer, the petitioner was awarded the punishment of removal from service. Hence, the present application.