MOHAMMAD SHAFIQ BHAT Vs. UNION OF INDIA

JUDGEMENT

(1.) Impugned in this petition is order No. P, VIII, 2/04,137, EC,II dtd. 13/12/2004, passed by respondent No. 5 (Commandant 137 Bn CRPF Musanboni, East. Singhbhum, Jharkhand) whereby, the petitioner has been dismissed from the services and his name has been struck off from the rolls of his unit.

(2.) The order, impugned has been assailed on several grounds but the ground which was strenuously urged by the learned counsel for the petitioner pertains to the alleged violation of principles of natural justice in holding the enquiry and the non-compliance with the provisions of Rule 27 of Central Reserve Police Forces Rules 1994 ( for brevity, the rules of 1994) which lays down the procedure, to be followed in the disciplinary proceedings. Before adverting to the grounds of challenge, a brief look at the facts may be necessary.

(3.) The petitioner was appointed as Constable in the Central Reserve Police Force (CRPF) on 10/6/1996. On transfer of the petitioner to the newly raised unit from 98th Bn. CRPF, the petitioner was posted to 137 Bn. CRPF on 3/9/2001. On 16/9/2001, at about 0430 Hrs, the petitioner left the unit without giving any prior intimation to his immediate seniors and without any permission from the competent authority. The petitioner did not turn up to join back for duties even after he was called upon to do so by the respondents by way of different communications, issued on 16/9/2001, 17/9/1. 1/1/2002, 8/1/2001, 18/6/2002 and 9/9/2002. Getting no response from the petitioner, the respondents initiated departmental enquiry against the petitioner and subsequently dismissed him from the services, w.e.f. 28/2/2002 vide order No. P. VIII- 25/2002-EC-II-137.