DALJIT SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) BY this writ petition, the petitioner has challenged the order of his removal from service dated 01.12.2008 (Annexure P -5), as well as the order dated 24.03.2009 (Annexure P -14) rejecting his appeal.

(2.) THE petitioner joined service as Constable in the Central Reserved Police Force in the year 2000. After having availed leave, he was supposed to join back on 4.3.2008. He, however, went absent without leave. Notices were issued to him to join back but to no avail. He was ultimately arrested on 29.9.2008 after a period of almost 7 months. Regular inquiry was launched against him. The only ground taken by the petitioner was that his wife suddenly fell ill and due to that he lost his mental balance. The Disciplinary Authority noticed the fact that even if the wife of the petitioner had fallen sick, nothing prevented him from informing about the same to his superior/s. It was further noticed that in the years 2006, 2007 and 2008 also, the petitioner had 63 days, 113 days and 52 days respectively of unauthorized absence. It was in these circumstances that the Disciplinary Authority came to the conclusion that the petitioner was not found fit to be retained as a member of the Disciplined Force.

(3.) IN Mohd. Yunus Khan's case (supra), the petitioner therein while on guard duty left the same for 25 minutes. The Commandant imposed a punishment of 10 days' drill. The petitioner protested and the punishment was enhanced to 10 days' confinement. It was also refused by the petitioner, which was taken as a delinquency. After inquiry, he was dismissed from service. The Appellate Authority considered his past conduct and decided the appeal. In para 17 of the decision in Mohd. Yunus Khan's case (supra), their Lordships held as follows : -