Kailash Gambhir, J. (Oral):

1. The petitioner has filed the instant writ petition under Article 226 of the Constitution of India feeling aggrieved by the order dated 28.11.2000 passed by the Disciplinary Authority thereby directing his dismissal from the Forces with immediate effect. The petitioner has also assailed the order dated 01.02.2001 passed by the Appellate Authority rejecting his appeal against the order of the Disciplinary Authority and order dated 31.12.2010 passed by the Revisional Authority whereby his revision petition was dismissed.

2. The petitioner was posted as a Constable in CISF, BCCL Unit, Dhanbad. He proceeded on a 2 days’ casual leave from 12.08.1999 to 13.08.1999 to attend to his domestic problem, and his 2 days’ casual leave was duly sanctioned by the sanctioning authority. The petitioner was to join back on duty on 16.08.1999 as 14.08.1999 was a holiday because of it being a second Saturday and the next being Independence day, it was thus a national holiday. As per the petitioner, he could not join back on duty as he fell ill after reaching the place of his service at Dhanbad where he remained under the treatment of Dr. M. Singh from 15.08.1999 to 19.08.1999 and he was declared fit by the doctor on 20.08.1999, and he thereafter surrendered before the concerned court on 20.08.1999 because of the registration of a case against him under Section 363/366A IPC vide FIR No.260/1999 dated 13.08.1999 at Police Station Katras. The petitioner remained in Jail for a considerable period of time and was released on bail on 31.05.2000. In the meanwhile, respondent No.4 issued a chargesheet against the petitioner on 08.10.1999 and Articles of Charge were framed against him which are as under:

“Article of Charge-I

No. 903190893, Ct. Abrar Ali, Area No.IV, Central Industrial Security Force, BCCL Unit, Dhanbad was granted 2 days’ casual leave from 12.08.1999 to 13.08.1999 and 14.08.1999 was a second Saturday. He had to resume his duty on 15.08.1999 (F/N). But, he reported for his duty at 1730 hrs. Thereafter, Asstt. Commandant of Area No.4 directed the said Abrar Ali to remain inside the Camp as there was apprehension of danger to his life from the residents of nearby Basti. At about 1900 hours when Abrar Ali was searched by CHM to serve his suspension order, he was again found absent from the Camp. The said member of the force did not even deposit his Leave Certificate in the Unit Office after coming back from leave. Therefore, Abrar Ali No. 903190893 being a member of armed forces, is grossly negligent towards his duties and he disobeyed the orders/directions of the Superior Officers, which amounts to gross misconduct and indiscipline on the part of the said member. Hence, this charge.

Article of Charge-II

No. 903190893, Ct. Abrar Ali, Area No.IV, Central Industrial Security Force, BCCL Unit, Dhanbad was granted 2 days’ casual leave from 12.08.1999 to 13.08.1999 and 14.08.1999 was a second Saturday. The said member of the Forces while proceeding on leave took one girl named Anita Kumar D/o Shri Rajender Rajbar R/o Lalten Basti, Angarpathra (Dhanbad), aged about 1516 years with him to Delhi on the pretext of getting her married to a Hindu boy and came back after leaving Anita Kumari at the house of an old man. The brother of the said force member, Jamaruddin, who also is a member of the Delhi Armed Police took Anita Kumari to Dhanbad. On 20.08.1999, Anita Kumari made a statement before the Judicial Magistrate, Dhanbad, in FIR No.260/99 dated 13.08.99. Thereafter, the said force member Abrar Ali surrendered in the court of CJM Dhanbad on 20.08.1999 from where he was sent to Jail for committing the said offence. No. 903190893 Ct. Abrar Ali being a member of the force has committed an act of indiscipline and has maligned the image of the force, which is a serious misconduct. Hence, this charge.

Article of Charge-III

Ct. Abrar Ali, Area No. IV, Central Industrial Security Force, BCCL Unit, Dhanbad has alrea