HARIBHAKTI ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) None has appeared on behalf of the appellant. However, Mr. K. Bhattacharjee, learned Senior CGSC, is present and has been heard.

(2.) We have perused the materials on record.

(3.) The appellants herein, namely, Shri Hari Bhakti Roy, while working as Lance Naik in CRPF, went on earned leave from 30.6.1995 to 29.7.1995 on account of death of his mother. Though he was to resume his duties with effect from 31.7.1995, he resumed his duties only on 14.12.1995. A disciplinary proceedings was, therefore, initiated against him on two counts, namely, (1) that he had over stayed on unauthorized leave without any information and sufficient reasons with effect from 31.7.1995 to 13.12.1995, and (2) that he had overstayed leave for 136 days with effect from 31.7.1995 to 13.12.1995 in spite of the order to report for duty immediately issued vide OC, B/S, Bn CRPF letter No.LII 4/95-B/5 dated 3.8.1995, and also did not respond to official correspondence.