Back
SANJEEV SACHDEVA, MANOJ JAIN
Krishan Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner impugns orders dated 08.10.2016, 21.02.2017 and 19.06.2017 whereby the petitioner has been removed from service after conduct of an inquiry and the statutory appeal and statutory revision filed by the petitioner have been dismissed respectively.
2. Petitioner was enrolled in the Central Reserve Police Force as Constable GD. Petitioner had some difficulties in his matrimonial life and accordingly, applied for leave for 2 months for sorting out the matrimonial issues. Petitioner proceeded on leave on 17.12.2014 and was to report back on 15.02.2015.
3. Petitioner failed to report back and on 02.03.2015 gave an application for extension of leave which was rejected on 15.03.2015. Petitioner even thereafter failed to report for duty and was declared a deserter and his arrest warrants were issued. Petitioner reported back to the unit on 28.04.2015 whereafter his warrants were cancelled. Petitioner was put on suspension on 29.04.2015 awaiting disciplinary proceedings and subsequently, by the impugned order dated 08.10.2016, petitioner has been removed from service.
4. It may be noticed that at the time of sanction of leave, petitioner was
Unauthorized absence without sufficient grounds and lack of credible explanation for medical illness can justify disciplinary action under the Central Reserve Police Force Act and Rules.
Regularization of unauthorized absence as Extraordinary Leave without salary precludes the continuation of disciplinary proceedings and consideration of the petitioner's long and clean service record....
The court upheld the punishment of removal from service for unauthorised absence without sanctioned leave, emphasizing the competence of the disciplinary authority and the established misconduct.
A member of Central Armed Police Forces is obligated to report back to duty timely, as absence without leave can justify removal from service regardless of personal circumstances.
The punishment imposed must be proportionate to the gravity of the misconduct, and the principles of natural justice and statutory regulations prescribing the mode of enquiry must be followed.
Unauthorized absence from duty in a disciplined paramilitary force constitutes grave misconduct; disciplinary proceedings conducted ex-parte following the employee's failure to respond to legitimate ....
The court upheld the removal from service of a constable for wilful absence from duty over a prolonged period, considering the repeated notices and opportunities given to the petitioner to participat....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
