BHAGWAN SINGH, CONSTABLE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. S. Bora, the learned Counsel appearing for the petitioner. The respondents are represented by Ms. A. Gayan, the learned CGC.

(2.) The petitioner was a Constable/Driver in the 36 Battalion of the C.R.P.F. He challenges the order dated 21.7.2003 (Annexure-D), whereby in pursuant to the Disciplinary Proceeding (D.P), the Commandant of the 36 Battalion has ordered for removal of the Constable/Driver. Earlier the delinquent was granted earned leave from 4.5.2002 to 7.2002 on account of his father illness, but he failed to report back to the Battalion, after completion of the leave period. Then direction(s) were issued on 6.7.2002, 10.8.2002 and 28.9.2002 respectively to the absentee constable, to immediately rejoin the Battalion.

(3.) But when the Constable failed to report back and ignored the commands of the Battalion Headquarters, the arrest warrant was issued against him on 25.10.2002. Then the Board of Officer was detailed to conduct a Court of Inquiry (COI), under Rule 31 of the Central Reserve Police Force Rules, 1955 (hereinafter referred to as "the C.R.P.F. Rules") through an order dated 10.1.201 On the basis of the COI proceeding, the delinquent was declared to be a deserter w.e.f. 7.2002.