RAMAVTAR MEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) This special appeal has been filed against the order dated 7.7.2020 passed by the learned Single Judge of this Court in S.B. Civil Writ Petition No. 21185/2019, whereby the writ petition filed by the appellant-petitioner (for short, 'the appellant') has been dismissed.

(2.) Facts of the case are that the appellant while working as Constable in Central Reserve Police Force (For short, 'the Force') was served with a charge sheet, wherein two charges were leveled against him : First, the Petitioner-Appellant remained absent from the Hospital where he was undergoing treatment and also consumed liquor during the course of his treatment and misbehaved with the hospital staff; and Second, he remained willfully absent for 199 days, for which the appellant was declared deserter as the same was against discipline and good conduct, expected from a member of a Disciplined Force. After conducting the enquiry and due deliberation, the Disciplinary Authority vide its order dated 27th July, 2019 dismissed the appellant from service. The appellant filed an appeal against the order dated 27th July, 2019 passed by the Disciplinary Authority, which also came to be dismissed by the Appellate Authority vide its order dated 25th September, 2019. He filed the writ petition before the learned Single Judge of this Court, which was dismissed vide order dated 7.7.2020, as mentioned above. Hence, this appeal.

(3.) Learned counsel for the appellant submits that the punishment of dismissal from service is disproportionate to the charges leveled against the appellant as at the relevant point of time, he was in depression and was not in a fit state of mind. Hence, the impugned orders are liable to be quashed and setaside.