JUSTIN TIRKEY Vs. UNION OF INDIA

JUDGEMENT

(1.) BY Court Challenging the order of removal from service dated 05.01.2002 and order dated 07.10.2002 whereby the appeal preferred by the petitioner has been rejected, the petitioner has approached this Court.

(2.) THE petitioner was appointed as Constable in C.R.P.F on 12.09.1998. On 18.03.2001, the petitioner was granted permission to meet his family members and he was expected to return on 19.03.2001, however, the petitioner did not report for duty and remained absent. On 28.04.2001, a letter was written to the petitioner at his home address requiring him to join the duty. Despite the said letter, the petitioner did not join the duty, therefore, a departmental proceeding was initiated for unauthorised absence from duty. After the departmental proceeding concluded an enquiry report was submitted. It is the case of the petitioner that a copy of the enquiry report was not furnished to the petitioner. By order dated 5th January, 2002, an order of removal from service was passed against the petitioner. Against the said order, the petitioner preferred an appeal which was also dismissed on 7th October, 2002.

(3.) THE learned counsel for the petitioner submits that the petitioner was not well and he was suffering from some mental depression and that is the reason he could not join the duty. The departmental authority has not considered the plea of the petitioner and the documents submitted by the petitioner with respect to his illness have been ignored. The learned counsel for the respondents supported the impugned orders.