TEYONG DONG NOK Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. T.B Jamir, learned counsel for the petitioner and Mr. Yangerwati, learned CGC for all the respondents.

(2.) Facts the case essential for disposal of the instant writ petition may be noticed at the outset. The respondent authority concerned vide Memorandum dtd. 15/2/2012 proposed to imposed an enquiry against the petitioner, a Constable (GD) in F/165 Bn of the CRPF under Rule 27 of the Central Reserve Police Force Rules, 1955 (CRPF Rules). Along with the Memorandum, Article of Charge was framed against the petitioner alleging that the petitioner has committed an act of misconduct in his capacity as a member of the Force under Sec. 11 (1) of the Central Reserve Police Force Act, 1949 (CRPF Act) to the effect that despite the fact that he was sanctioned 15 days of Earned Leave with effect from 1/9/2011 to 15/9/2011, he did not report back from duty and overstayed leave with effect from 15/9/2011 (A/N) without permission and sanction by the competent authority. Along with the Memorandum, Statement of Imputation of Misconduct or Misbehavior in support of the Article of Charge framed and list of documents by which the article of charge framed was proposed to be substantiated were prepared.

(3.) Following the issuance of the Memorandum of Charge, a departmental proceeding was initiated and finalized by holding the petitioner to be guilty of the charge. Accordingly, the petitioner was removed from service vide the impugned Office order dtd. 20/10/2012 as already stated herein above. The appeal filed by the petitioner also being rejected vide order dated NIL February, 2016, the petitioner is before this Court.