KULAGAM PEGU Vs. THE UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. A. Maleque, learned counsel for the petitioner as well as Mr. C. Baruah, learned CGC. The petitioner is aggrieved by Annexure -7 order dated 30.9.2003, by which, he was dismissed from service pursuant to a departmental proceeding.

(2.) THE petitioner was appointed in the CRPF as constable (GD) under No. 903075844. According to the petitioner, while he was posed at Jammu, he applied for earned leave of 60 days with effect from 6.2.2003 to 7.4.2003 due to serious illness of his father -in -law. He was to report for duty on expiry of leave and for the purpose he had boarded a Night Super Bus on 5.4.2003, but on the way a dacoity was committed on the said bus by some extremists. As a result of which, the petitioner lost all his belongings including his uniform. According to him, he was also physically assaulted and sustained grievous injuries. The incident was registered as Jakhalabandha P.S. Case No. 17/2003 Under Section 395/397 IPC.

(3.) THE petitioner was declared deserter pursuant to Court of enquiry that was conducted for prolonged absence from duty. An order was passed to that effect on 9.6.2003. Thereafter he was issued with the memorandum of chargesheet dated 4.7.2003 leveling the charge of commission of misconduct as a member of the force under Section 10(m) of the CRPF Act, 1949. The charge leveled against him was overstay of leave with effect from 1.4.2003 without prior permission of the competent authority. In due course, the enquiry was conducted, in which the charge against the petitioner was found to have been established. Consequently, by Annexure -7 impugned order dated 30.9.2003, he was dismissed from service.