UNION OF INDIA Vs. MANOJ SINGH

JUDGEMENT

(1.) Heard Mr. P. S. Chandel, learned Central Government Standing Counsel (CGSC), appearing for the appellant as well as Mr. P. S. Dutta, learned Senior counsel appearing for the sole respondent.

(2.) The respondent herein was a Constable working in the establishment of Central Reserve Police Force under respondent No. 4, i.e., Deputy Inspector General of Police, CRPF, Sector-5, Chandigarh. He was granted leave for a period of one month from 8.1.1994 to 6.2.1994. After availing the sanctioned leave he overstayed and in the result he remained absent from duty with effect from 2.4.1994 to 4.4.1995. In view of the above un-authorized absence, he was asked to show cause and, eventually a Departmental Proceeding was initiated against him under Rule 27 of the Central Reserve Police Force Rules, 1955 (for short the Rules ), framed under the Central Reserve Police Force Act, 1949 (for short, the Act ), wherein the Inquiry Officer found him guilty of misconduct and indiscipline, as a member of the Force. Accordingly, he was removed from service in terms of Section 11 (1) of the Act read with Rule 27 of the Rules.

(3.) Assailing this removal order, the respondent as the writ petitioner initiated the instant writ proceedings before the Writ Court alleging inter alia that: