JUDGMENT :

ROHIT B. DEO, J.

1. Petitioner, who is a former employee of the Central Reserve Police Force (CRPF), is assailing the order of dismissal dated 9-7-2009 issued by the Disciplinary Authority-respondent 2-Commandant, 124 Battalion, CRPF, Singarbil, Agartala, the confirmatory order dated 11-7-2011 in Appeal 124/2011 rendered by respondent 3-Deputy Inspector General of Police, CRPF, Agartala and the order dated 10-7-2019 in Revision 02/2019 rendered by respondent 1-Inspector General of Police, CRPF, Agartala.

2. Facts, to the extent relevant, are as set out infra:

(i) Petitioner, who is a permanent resident of Bhandara, State of Maharashtra, enlisted in the CRPF as Constable, on 17-3-2001.

(ii) Petitioner was posted at A/124 Battalion, CRPF on transfer from 111 Battalion and reported at A/124 Battalion on 2-7-2007.

(iii) Petitioner reported sick on 17-4-2008, and after initial treatment at the Unit, was referred to the Group Centre Hospital, CRPF at Agartala on 24-4-2008. Petitioner was further referred to G.B. Pant Government Hospital at Agartala where he was admitted from 1-5-2008 to 13-5-2008.

(iv) Petitioner availed leave from 21-5-2008 to 12-6-2008. Petitioner, after resuming duty, again reported sick and was referred to the Group Centre Hospital, CRPF at Agartala where he was examined and further referred to the Composite Hospital, Guwahati.

(v) Petitioner reported at the Composite Hospital at Guwahati at 9:00 hours on 16-7-2008. It is an indubitable position on record that the petitioner declined to avail treatment and left the hospital for his native place without informing the competent authority, much less applying for and securing the requisite permission.

(vi) A First Information Report was lodged at Police Station Zorabat, Guwahati on 17-7-2008 and the parent Unit of the petitioner was informed of the desertion. A warrant of arrest was issued which was addressed by the Commandant, 124 Battalion to the Superintendent of Police, Nagpur, Maharashtra. The warrant of arrest could not be executed, for reasons which are not clearly discernible from record.

(vii) The parent Unit addressed communications, sent by Registered Post, at the residential address of the petitioner, directing him to report at the Unit or at the Group Centre, CRPF Hospital at Nagpur, which directives did not evoke response.

(viii) A Court of Enquiry was ordered by the Commandant, 124 Battalion to probe into the circumstances in which the petitioner deserted duty. Pursuant to the recommendations of the Court of Enquiry, order dated 13-1-2009 declaring the petitioner “DESERTER” with effect from 16-7-2008, was issued and charge-sheet dated 02-2-2009 was drawn. Assistant Commandant Mr. Anupam was appointed as the Enquiry Officer.

(ix) The Enquiry Officer issued communication dated 22-2-2009 by Registered Post directing the petitioner to appear and participate in the enquiry. Petitioner did not appear before the Enquiry Officer, who addressed another communication dated 07-3-2009, which was also sent by Registered Post, calling upon the petitioner to participate in the enquiry. Again, the petitioner did not respond and the Enquiry Officer proceeded with the enquiry ex-parte.

(x) The enquiry report which was submitted to the Disciplinary Authority, was forwarded to the petitioner by Registered Post, at his residential address, vide communication dated 18-6-2009 and the petitioner was given an opportunity to respond to the findings recorded in the enquiry. This opportunity was not availed.

(xi) The Disciplinary Authority, accepting the enquiry report, imposed punishment of dismissal from service, vide order dated 9-7-2009. The period of unauthorised absence from duty was treated as DIES-NON.

(xii) Aggrieved by the dismissal order, the petitioner preferred an appeal under Rule 28 of the Central Reserve Police Force Rules, 1955 (Rules) which came to be dismissed by the respondent-3 appellate authority vide order dated 11-7-2011.

(xiii) Petitioner approached this Cour