KUMAR CHETRI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B. Chetri, learned counsel appearing for the writ petitioner. Also heard Mr. U. K. Goswami, learned Central Government Counsel appearing for the respondents.

(2.) By filing this writ petition, the petitioner has assailed the order dtd. 31/7/2017, by means of which, he was removed from service as well as the subsequent order dtd. 25/3/2019 rejecting the appeal preferred by the petitioner, primarily on the ground that the impugned orders have been passed without following the due procedure laid down by law. The facts and circumstances of the case, briefly stated, are as follows.

(3.) The writ petitioner herein was recruited as a Constable in the Central Industrial Security Force (CISF) in the year 2009. While serving in the CISF Unit, BHEL, Haridwar at Barrier No.7 the writ petitioner remained unauthorisedly absent from duty during the period from 5/7/2016 to 23/11/2016 i.e. for a period of 4 months 19 days. As many as three call letters sent to his permanent address instructing the petitioner to report back to duty went unanswered. As such, a departmental proceeding was initiated against the petitioner under Rule 36 of the CISF Rules, 2001 by serving a charge sheet dt. 1/11/2016 containing the following charges :