ASHWANI KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner challenged order bearing No. Estt/59932/DE/7th Bn/02(E)/8264-69-70, dtd. 1/4/2004 issued by respondent No. 5 by virtue of which punishment of reduction of rank from Nk/GD to L/Nk/GD for two years from the date of issue of the said order, has been passed against him. The petitioner has also challenged memorandum dtd. 30/6/2004, whereby his appeal against the aforesaid order has been rejected.

(2.) Briefly stated, the case of the petitioner is that he was appointed as constable with Sashastra Seema Bal(SSB) on 3/1/1989. In the year, 1997, he was promoted as Lance Naik, whereafter, he was promoted as Naik in April, 2002. According to the petitioner, he had applied for 10 days leave in August, 2002, which was sanctioned in his favour vide order dtd. 3/8/2002. The leave was granted to the petitioner with effect from 4/8/2002 to 15/8/2002. It has been submitted by the petitioner that during the leave period, he fell ill and was admitted to Sub District Hospital, Akhnoor on 12/8/2002. On 16/8/2002, he applied for extension of leave on medical ground, which was duly received by the respondents on 19/8/2002. According to the petitioner, he had duly intimated the relevant authorities about his illness.

(3.) It has been submitted that from Sub District Hospital, Akhnoor, he was referred to Government Medical College, Hospital, Jammu on 11/9/2002, where he remained under treatment with effect from 11/9/2002 to 23/11/2002. It is the further case of the petitioner that he was referred to Chest Diseases Hospital, Jammu on 23/11/2002, where he remained under treatment up to 12/3/2003. The petitioner is stated to have intimated the respondents from time to time about his illness. Ultimately, the petitioner joined his duty on 12/3/2003. The respondents are stated to have served a charge sheet upon the petitioner vide memorandum dtd. 9/1/2003 alleging therein that the petitioner has absented himself from duty without any intimation. It has also been alleged in the charge sheet that despite having been directed to join his duty, the petitioner disobeyed the said directions and as such, he has committed acts of gross disobedience/negligence thereby exposing him to charge in terms of Sec. 9(f) of the Central Reserve Police Force(CRPF), Act.