RAMAKRISHNA T.N Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The present writ appeal is arising out of an order dated 14.06.2017 passed by the learned Single Judge in W.P.No.12342 of 2011.

(2.) The facts of the case reveal that the appellant was serving as a Constable in Central Reserve Police Force. He was appointed in the year 1997. He applied for leave for 15 days in the year 2005 and the leave expired on 15.09.2005. He was supposed to report to duty on 16.09.2005 and as he did not report to duty, he was declared as deserter vide office order dated 27.02.2006 by invoking provisions as provided under Rule 31(c) of the Central Reserve Police Force Rules, 1955 (for short, the Rules). A charge memo was issued on 04.03.2006 and thereafter, an enquiry officer was appointed. Before the enquiry officer, the appellant pleaded guilty of the misconduct. It was also stated by the appellant that he was suffering from Jaundice and thereafter, the enquiry officer submitted a report holding the charge established. A copy of the enquiry report was furnished to the appellant. The appellant submitted his explanation and the disciplinary authority not being satisfied with the explanation submitted by the appellant passed the order of dismissal from service on 25/06/2006. The appeal preferred against the same was rejected on 20.01.2007 and the revision was also rejected on 24.06.2010. The writ petition was preferred challenging the order of dismissal and it was pleaded that some minor punishment should have been inflicted upon the appellant and it was also argued before the learned Single Judge that the appellant was suffering from Jaundice and therefore, some lenient view should have been taken by the employer. The learned Single Judge has dismissed the writ petition and paragraphs 14 to 17 of the order passed by the learned Single Judge are reproduced as under:

(3.) This Court has carefully gone through the documents on record. No procedural irregularity has been pointed out in the matter of departmental enquiry. The departmental enquiry was held in consonance with the statutory provisions as contained under the Central Reserve Police Force Act, 1949 (for short, the Act), read with the Rules