ASHOK SWARGWARY Vs. UNION OF INDIA

JUDGEMENT

(1.) BY way of this application under Article 226 of the Constitution of India, petitioner challenges order dated 18.06.2005 dismissing him from service.

(2.) CASE of the petitioner is that he was appointed as Constable under the Central Reserve Police Force (CRPF) in the year 1983.

(3.) THE respondents have filed their counter affidavit stating that though the petitioner was granted 60 days leave from 26.12.2003 to 23.02.2004, petitioner neither reported for duty on due date nor submitted any application for extension of leave. According to the respondents, the petitioner over stayed his leave without obtaining permission from the competent authority, thus he willfully absented himself from duty. He was absent for a total of 436 days. The enquiry against the petitioner was conducted in accordance with the laid down procedure. However, the petitioner did not appear in the enquiry and therefore there was no other alternative but to conduct the enquiry ex parte against him. Copy of enquiry report was furnished to the petitioner who in his representation submitted that he could not report for duty as he had fallen ill and was under medical treatment. The submission of the petitioner was found to be not satisfactory and accordingly the disciplinary authority imposed the punishment of dismissal from service.