RAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment has been dictated in open court in presence of learned counsel for the parties.

(2.) By means of this present writ petition, petitioner has assailed the order dated 28th July, 1997, whereby his services as Constables in SSB have been removed w.e.f. 28th July, 1997. He has also assailed the order dated 29th May, passed by the Appellate Authority and also the order dated 4.9.2001 passed by the Revisional Authority upholding his removal from service.

(3.) Petitioner was appointed as Constable in the year 1982 and was posted on temporary duty at SSB, Shamshi, Distt. Kullu (H.P.) in the month of January 1995. Petitioner was posted as attendant to ailing Constables of Group Centre, Shamshi, who were admitted as indoor patients at Civil Hospitals, Shamshi. While, on duty, he left without permission/ approval of the competent authority on 17th\ January, 1995 and failed to return and continued to be absent from duty without permission or leave from the competent authority. Two joining notices dated 30th January, 1995 and 1st March, 1995 were issued to the petitioner at his home address through Registered AD, one of which was duly received on his behalf. Inspite of the same, petitioner did not resume his duty nor sent any reply. Since his absence exceeded 60 days, the Court of inquiry to enquire into the circumstances under which he absented himself was ordered on 31s March, 1995. Pursuant to the recommendations of the inquiry report, departmental proceedings for misconduct, disobedience of order, neglect of duty and remissness in the discharge of duty being a member of the Force (SSB) under Section (I) of CRPF Act, 1949 were initiated. Statement of articles of charge, statement of imputation of misconduct in support of articles of charge, list of documents and prosecution witnesses were served on him vide office order dated 31st March, 1995. The same stands duly acknowledge by the petitioner. The articles of charge framed against the petitioner are reproduced herein below as under: