MANOJ SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, while performing the duties of Constable in the Central Reserve Police Force was found to have committed an act of disobedience in his capacity as a member of the service. What was alleged against him was that he willfully overstayed after availing 30 days earned leave. He was supposed to report back on the expiry of leave which was sanctioned in his favour with effect from 8th Jan '94 to 6th Feb '94. He remained absent without proper permission upto 4th April '95. It was this misconduct of his, which was the subject matter of enquiry. Proceedings were, held against the petitioner under Section 11(1) of the Central Reserve Police Force Act of 1949. Petitioner was given ten days time to submit his reply. The Enquiry Officer found him guilty of remaining absent. Petitioner's case was considered by the Commandant of the Battalion. He was ordered to be removed from service with effect from 15th Sept '95 i.e. the date on which the order of removal came to be passed. The period of suspension from 5th April '95 to 15th Sept '95 was treated to be as such and he was not allowed any emoluments for this period except the subsistence allowance. The period of absence from 7th Feb '94 to 4th April '95 was treated as Dies-non. The medals and decorations earned by the petitioner were ordered to be forfeited under Section 12(1) of CRPF Act of 1949.

(2.) The learned counsel for the petitioner submits :-

(3.) In the above case, the respondent Bakshish Singh, had gone to a civil court. The civil court recorded a finding that the unauthorised absence from duty having been regularised by treating the period of absence as leave, the charge would not survive. It was on this finding, the suit was decreed. The First Appellate court confirmed the finding. When appeal was taken before the Punjab and Haryana High Court, this High Court remanded the matter. This aspect of the matter was considered. What is said in paragraph 11 of the judgment is being reproduced below :-