ABDUL KHALIQUE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application is directed against the order passed by Senior Commandant, CISF, CCL Unit, Kargali, respondent No. 2 on 4.9.2002 as contained in Annexure 3 whereby the petitioner was dismissed from the service. The appellate order as well as order passed in revision as contained in Annexures 4 and 5 of the writ application upholding the order of dismissal have also been sought to be quashed. Alternatively it has also been prayed to direct the respondent to allow the petitioner to retire voluntarily in case petitioner fails to make out a case of reinstatement as order of termination is disproportionate to minor charge of being absent from the duty unauthorizedly.

(2.) THE fact of the case is that the petitioner while working as Havildar, CISF, CCL Unit, Kargali, was granted casual leave for five days with effect from 12.12.2001 to 23.12.2001 but on 24.12.2001 he did not resume his duty. Therefore, he was called upon to resume his duty through several notices but the petitioner never made any response and, therefore, departmental proceeding was initiated wherein charges were framed which read as follows:

(3.) AN appeal preferred against the order of dismissal and also revision preferred against the appellate order was rejected.