SANTOSH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner, who was appointed as a Constable/GD in Central Reserve Police Force (CRPF) on 1/1/1997 bearing No. 971420374, is before this Court challenging his dismissal from service pursuant to orders passed by the disciplinary authority following an enquiry instituted against the petitioner. At the relevant point in time, the petitioner was posted at 36 Battalion, CRPF, Khonsa in the district of Tirap, Arunachal Pradesh. With effect from 10/1/2011, the petitioner applied for and was granted 15 days casual leave for arranging his sister's marriage in his native place in the district of Saharsa in Bihar. Because of some domestic problems which arose during his period of casual leave, he applied for sanction of further 45 days of earned leave. The Commandant of 36 Battalion, CRPF, Khonsa in the district of Tirap, Arunachal Pradesh sanctioned 60 days earned leave and cancelled the earlier 15 days casual leave. According to the petitioner that although his leave expired on 10/3/2011 and he was required to resume duties from 11/3/2011, but because of illness that he had suffered during the first week of March, 2011, he could not proceed to his battalion to resume his duties.

(2.) The pleaded case of the petitioner is that he was under treatment from 4/3/2011 to 12/8/2011 and due to further illness suffered, the petitioner was again under medical treatment upto 22/3/2012. According to the petitioner, he intimated the department about his illness and treatment and his inability to join due to the illness by sending letters through speed post. After recovery from his illness, as per the petitioner, he reported for resumption of his duties on 3/4/2012 (AN) and submitted his application on 4/4/2012 along with all medical certificates, cash memos of medicines, pathological reports etc before the Commandant, 36th Battalion, CRPF, Khonsa, in the district of Tirap, Arunachal Pradesh. However, the petitioner was informed that a departmental enquiry contemplated against the petitioner is in the advance stage and hence his application for resumption of duty was refused to be accepted. Subsequently, the petitioner came to be aware that he was declared a deserter with effect from 11/3/2011 vide office Order No. 1/10/16/2011-36-Estt-2 dtd. 4/10/2011. It is stated by the petitioner that notwithstanding the communications sent by the petitioner indicating his illness, the petitioner was declared a deserter by the said order. Further the disciplinary proceedings which were initiated against the petitioner was conducted by the Enquiry Officer ex-parte and the explanations forwarded by the petitioner through his communications were not taken note of that the petitioner was suffering from illness and was undergoing treatment. The entire enquiry was conducted ex-parte and no opportunity was granted to the petitioner to examine, cross-examine the witnesses. The enquiry report was duly submitted before the Commandant, 36 Battalion, CRPF, Khonsa in the district of Tirap, Arunachal Pradesh. Thereafter, by order dtd. 16/4/2011 vide Office Order No. P-8-1/2012-36-Estt-2, the Disciplinary Authority namely the Commandant, 36 Battalion, CRPF, Khonsa in the district of Tirap, Arunachal Pradesh imposed the punishment of removal from service to the petitioner on the basis of the ex-parte findings in the enquiry report.

(3.) The petitioner being aggrieved by the order of removal dtd. 16/4/2012 preferred an appeal before the Deputy Inspector General of Police, CRPF, Khatkhatti. The said appeal, however, came to be dismissed vide order No. R-XIII.7/2012-DA-2 dtd. 12/12/2012 upholding the enquiry report as well as the order of dismissal passed by the Commandant, 36 Battalion, CRPF, Khonsa in the district of Tirap, Arunachal Pradesh.