CHANDRANI DIGGI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD counsel for the parties. The petitioner's husband has been dismissed from service on 29th March, 2004, which was communicated vide letter dated 22nd April, 2004 (Annexure -5) to the petitioner, by the Commandant, 95 Batallion, Central Reserve Police Force, Nagaon, Assam.

(2.) THE short facts relevant for determination of the instant controversy which is under challenge in the present writ application as also borne out from the affidavit filed on behalf of the respondents themselves are as follows: The petitioner's husband Constable/GD Dinbandhu Diggi of 95 Battalion, Central Reserve Police Force, was enlisted on 12th September, 1994. While in service, he was dispatched on 9th July, 2002 with a direction to report to 81 Battalion, Central Reserve Police Force, M.H. Stadium, Rajendra Nagar, Patna (Bihar) for assessment of his suitability and further dispatched to 103 Battalion, RAF, Wazirabad, Delhi to participate in Inter Sector Volley Ball and Weight Lifting Competition held with effect from 21.8.2002 to 28.8.2002. It was reported on 16.9.2002 by communication from the 81 Battalion, Central Reserve Police Force that the constable/GD Dinbandhu Diggi i.e. petitioner's husband has not reported in his Unit for the purpose and his pay and allowance were returned to his Parent Battalion. Thereafter, on 20.9.2002 a communication was sent to his home address, directing him to report for duty within 10 days, failing which disciplinary action would be taken against him. On 2nd December, 2002, First Information Report was lodged at P.S. Sadar, Nagaon (Assam) by the Adjutant -95 Battalion, Central Reserve Police Force in connection with missing of the said Dinbandhu Diggi. A complaint under Section 10(p) of the Central Reserve Police Force Act, 1949 was also lodged before the Chief Judicial Magistrate -cum - Commandant -64 Battalion,CRPF by the Deputy Commandant, Adjutant -95 Battalion,CRPF vide letter dated 17th January, 2003. A warrant of arrest was thereafter issued for his apprehension to be executed by Superintendent of Police, West Singhbhum,Jharkhand vide letter dated 22nd January, 2003. However, neither he was apprehended nor he reported to the Unit. A Court of Inquiry was initiated under Rule 31 of the Central Reserve Police Force Rules, 1955 to inquire into the circumstances under which the said constable had failed to report to 81 Battalion, Central Reserve Police Force for Government duty and absconded. Further steps for execution of warrant of arrest has been issued, but did not result in any fruitful event and no information was received from the Superintendent of Police, West Singhbhum or from the Police Station of Chakradharpur. A communication was issued on 23rd March, 2003 to S.H.O., G.R.P., Eastern Railway, Patna (Bihar) about the absconding of the said constable whether he met with any accident while undertaking journey by rail from Guwahati to Patna. In the meantime, an application was received from father of the said constable Sonaram Diggi on 1st April,2003 stating that only after seeing the warrant of arrest, he came to know that his son was absent as he was neither available at duty place nor at home. Subsequently, D.O. letter dated 28th May, 2003 was issued to the Deputy Commandant of GC, Central Reserve Police, Jamshedpur (Jharkhand) who was also directed to find out from the native place of the aforesaid constable about the factual position confidentially. However, no reply was received even after reminders to the said Deputy Commandant at Jamshedpur. In the meantime a Court of Inquiry was conducted and submitted on 11th May, 2003 whereunder the said constable was declared deserter w.e.f. 9th July, 2002. Charges were framed vide memorandum dated 8th October, 2003 and sent it to his home address through Registered Post. However no representation was received from the delinquent. Thereafter Inquiry Officer was appointed to conduct the departmental inquiry. The Inquiry Officer proceeded to hold the inquiry ex -parte and submitted its report. Father of the said constable also intimated in the meantime that his son had not returned from duty place at 95 Battalion, Central Reserve Police Force. Copy of the statement of all prosecution witnesses along with documentary evidences were sent by Enquiry Officer through registered post at his home address giving him 15 days time to submit his reply. However, neither any reply was furnished nor the delinquent reported before the Enquiry Officer. The Enquiry Officer had concluded the enquiry ex -parte and found the charges to be proved vide letter dated 10th March, 2004. It is the contention of the respondents that the copy of the enquiry report was also sent at his home address vide letter dated 13th March, 2004 and after a lapse of 15 days, on receiving no representation the petitioner had been dismissed from service w.e.f. 29th March, 2004. However, his absence period from 9th July, 2003 to 28th March, 2004 has been regularized as Dies -Non. on application submitted by his wife i.e. the present petitioner.

(3.) LEARNED counsel for the petitioner submits that her husband had disappeared while on duty and on way to 81 Battalion, Central Reserve Police Force where he had been dispatched for participating in Inter Sector Volley Ball and Weight Lifting Competition to be held with effect from 21st August, 2002 to 28th August, 2002. Learned counsel for the petitioner has also reiterated from the aforesaid narration of facts, which are also borne out from the counter affidavit of the respondents that it is only when the warrant of arrest in respect of her husband had reached their home address then they came to know and also responded to 95 Battalion, the Parent Battalion of her husband, Dinbandhu Diggi.