MANINDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for quashing the order dated 24.4.2000 and 18.9.2000 whereby the resignation submitted by thepetitioner has been rejected and the petitioner has been dismissed from service.

(2.) PETITIONER 's case is that he was working as Assistant Commandant in the Central Reserve Police Force (CRPF). The petitioner applied for leave from 25.5.1998 to 1.6.1998 which was duly granted. It is alleged by the petitioner that his father was seriously ill and his kidney was not functioning in proper manner. For regular check up the petitioner remained at Chandigarh and ultimately petitioner's father died on 7.12.1999 at Chandigarh. In the meantime the respondents issued charge - sheet against the petitioner on 5.5.1999 of a departmental proceeding. The petitioner submitted his show cause and denied the charges levelled against him. The petitioner, thereafter, received no information about the departmental proceeding and he came to know about submission of an ex parte inquiry report when he received a letter dated 30.12.1999 along with ex parte inquiry report for filing second show cause. The petitioner submitted his show cause against the ex parte inquiry and the respondents passed final order on 18.9.2000 dismissing the petitioner from service.

(3.) MRS . Sheela Prasad, learned Additional Standing counsel, has drawn my attention to the counter affidavit filed by the respondents and contended that the petitioner after availing 7 day's casual leave, sent an application for extension of 45 days' earned leave on the ground of his father's illness. The petitioner's request for extensionof leave was not accepted and he was directed to report for duty vide letter dated 10.6.1998. The petitioner did not report for duty after 45 days. The petitioner was again given reminders to submit his joining but the petitioner did not report for duty. Consequently a charge was served on the petitioner and an Enquiry Officer was appointed. Learned counsel further submitted that under CCS rules punishment of dismissal can be imposed after full -fledged departmental inquiry on the charge of unauthorised absence.