HARJINDER SINGH Vs. GOVT. OF INDIA AND OTHERS

JUDGEMENT

(1.) THE petitioner was a constable in the Railway Protection Force, Ambala. He was deployed for election duty in Punjab and Uttaranchal by order dated 22.1.2007. During election duty in Tarn Taran, District Amritsar he absconded, better put, he ran away from the Amritsar Railway Station taking with him his service Carbine and ammunition with a spare magazine issued to him a Constable. Accordingly, a Daily Diary Report (DDR) entry No. 17 and 18 was recorded in the roznamcha of the 3rd BN/D Election Company on 14.2.2007 for disobeying lawful orders of a superior and for remaining absent from duty without information and authority even after he was personally detailed to proceed to Muradabad/Rudarpur, Uttaranchal for further election duty. He remained absent for two days from 14.2.2007 to 16.2.2007 from duty. Election duty in Punjab ended on 13.2.2007. The staff on election duty reached Amritsar from Tarn Taran on 14.2.2007. The staff had been instructed to proceed onward to Muradabad by Train No. 3050 and from Muradabad to Rudarpur City by the first available train. Before arrival of the train at Amritsar station all the RPF/RPSF staff were made to Fall in and when Roll Call was conducted at the Amritsar Railway Station, it was discovered that the petitioner was absent from duty without any prior information. A party was deputed to know of the whereabouts of the petitioner and an entry No. 27 at 17.30 hrs. was made in RPF Out Post roznamcha, Batala on 15.2.2007 authorizing the party to proceed to the residence of the petitioner at Batala. He was found at home with the weapon and ammunition. He was brought back by two constables to Ambala post on 16.2.2007. This is the story propounded by the petitioner.

(2.) THE petitioner was accordingly charge -sheeted on 12.3.2007 for violation of Rule 3(ii)(iii) of the Railway Servants (Conduct) Rules, 1963 for acts unbecoming of a member of the armed forces of the Union of India. Charges under the Railway Protection Force Rules, 1987 were also levelled against him. Rules 145 and 146 of the 1987 Rules govern conduct and behaviour expected from members of the force. Absence without leave or to be late for any duty is classified as Neglect of Duty classified as misconduct under the rules. Rule 146.3 deals with disobedience of orders. Rule 147 is the charging provision which deals with offences relatable to duties of enrolled members of service. Absence without proper information to the Controlling Authority or without sufficient cause overstaying leave not granted is a serious misconduct.

(3.) AFTER unexplained delay of three and half years, the present writ petition has been filed on 28.11.2011 impugning the three orders inflicting major punishment of removal from service.