THE UNION OF INDIA Vs. MD.SHAHZAD HUSSAIN

JUDGEMENT

(1.) Heard learned Additional Solicitor General, assisted by Mr. Anshuman Singh, for the Union of India and learned senior counsel for the private respondent.

(2.) This intra-Court appeal has been preferred by the Union of India against the order dated 08.04.2016 passed by the learned single Judge in the C.W.J.C. No. 19293 of 2012. The writ application of the private respondent was allowed on the ground that the order or punishment of compulsory retirement and declaration of the private respondent as a deserter is harsh and excessive and, therefore, required reconsideration. The order of punishments were quashed and the matter was remanded back to the Inspector General of Police, C.R.P.F., to pass any other order than dismissal/removal/compulsory retirement.

(3.) The facts of the case is that the private respondent, who was working as a constable in 159 Battalion of C.R.P.F. posted at Gaya in the year 2009, was permitted to avail one day station leave on the so-called ground of serious illness of his wife. He assured the authorities that he will report back immediately since he was deployed for election duty at Imamganj in the district of Gaya. The one day leave converted into 344 days of absence, because from 19.04.2009 till 28.03.2010, the private respondent has not reported for duty though he is supposed to have sent communications to the authorities taking the plea that he was taken ill and was incapable to report to the Unit due to the ailment, which primarily seems to be Hepatitis. No doubt, a telegram was sent on 21.04.2009, a Doctor's certificate dated 19.04.2009 was made available as justification for extending the leave, but despite the authorities not granting any permission, the private respondent chose to remain absent from duty for almost a year.