YOGINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who was working as a L/Naik in the C.R.P.F was dismissed from the service by the respondent No. 4 vide order dtd. 18/10/99. The appeal preferred by the petitioner against the order of his dismissal from service was dismissed by the respondent No. 3 vide order dtd. 2/3/2000. The revision was also preferred by the petitioner but that too was dismissed by the respondent No.2 vide order dtd. 28/8/2000. The petitioner through the medium of this petition challenged all the orders mentioned above and has also prayed for issuance of direction to the respondents to reinstate the petitioner with back wages/salary from 18/10/1999 till date of his reinstatement in the services.

(2.) It is stated that the petitioner was allowed 15 days casual leave w.e.f. 13/11/1998 to 1/12/1998. He was to report back on 1/12/1998 but he could not report due to his illness and some family issues. He joined the service on 7/2/1999. The petitioners have impugned the orders mentioned above on the following grounds:

(3.) The respondents have filed the response thereby stating that the petitioner was sent on 15 days casual leave w.e.f. 13/11/1998 to 1/12/1998. He was to report back for duty on 1/12/1998 (AN) but he failed to do so. Two registered letters dtd. 11/12/98 and 5/1/1999 were sent to the petitioner to report back to duty or to intimate the reasons of delay immediately but he did not respond to the same. Then OC F/22 lodged a complaint before the Commandant-cum-Chief Judicial Magistrate and prayed for taking judicial action under Sec. 10 (m) of CRPF Act 1949 against the petitioner. Commandant-cum-Chief Judicial Magistrate took the cognizance and issued a warrant of arrest dtd. 13/1/1999 against the petitioner. The petitioner reported after absenting himself for 68 days without permission of the Competent Authority at his own at F/22 Bn location on 7/2/1999. The petitioner was produced before the Commandant-cum-Chief Judicial Magistrate on 8/2/1999 along with the prayer for cancellation of warrant of arrest. The petitioner was released on 8/2/1999 and warrant of arrest was cancelled. Thereafter, the respondent No. 4 ordered the departmental enquiry under the provisions of Sec. 11 (1) of CRPF Act 1949 vide Memorandum No. P.VIII.3/99-EC-1-22 dtd. 23/2/1999. Sh. P.K Sharma was appointed as Enquiry Officer vide order dtd. 27/2/99. The departmental enquiry was conducted by the Enquiry Officer in accordance with the rules and after the conclusion of the departmental enquiry, the proceeding of the departmental enquiry was submitted by the Enquiry Officer to the Commandant for its disposal. Before taking any decision on the departmental enquiry, the respondent No. 4 once again gave the opportunity to the petitioner thereby serving the copy of the report of Enquiry Officer upon the petitioner with a direction to submit any representation thereof vide communication dtd. 21/7/1999. The petitioner in response to that pleaded guilty and prayed for pardon for the last time through his representation dtd. 27/7/1999. The representation of the petitioner was considered by the respondent No. 4 and the respondent No. 4 vide order dtd. 18/10/1999 ordered dismissal of the petitioner from service with effect from 18/10/1999 (AN). The petitioner thereafter preferred an appeal against the order of dismissal before the respondent No. 3 and the respondent No. 3 vide order dtd. 2/3/1999 dismissed the appeal. Thereafter, the petitioner filed a revision petition before the respondent No. 2 but the revision petition too was dismissed by the respondent No. 2 vide order dtd. 28/3/1999. It is stated by the respondents that during the course of enquiry the petitioner did not submit any medical certificate in respect of his ill-health and treatment. He simply stated that he was ill due to fever and dysentery. The petitioner never made any correspondence with the Commandant or Coy Commandant regarding his illness.