Heard Mr. R. Mazumdar, learned Counsel for the petitioner as well as Ms. A. Gayan, learned Central Government Counsel.

2. In challenge is an order dated 28.11.2014 passed in a disciplinary proceeding against the petitioner by which he was inflicted the following penalty:-

“The accused is awarded a punishment of stoppage of annual increment with cumulative effect for one year. This will remain effective till the date of increment in the next year i.e. 01.07.15. During the period in which this punishment remains in force his increment will remain withheld. The withholding of increment will have the further effect of postponing his future increment.

The period of unlawful absence of 32 days i.e. from 17.09.13 to 18.10.13 of the Force No.095190074 H/Ministrial Rahul Kumar shall be considered as ‘Dies Non’ for all purposes.”

3. The departmental appeal preferred by petitioner was also rejected vide order dated 6.4.2015 and challenging the same, the petitioner has approached this Court.

4. The brief facts of the case may be narrated as follows:-

5. The petitioner was appointed as a Head Constable (Ministerial) in the CRPF in the year 2009. While the petitioner was posted at Khonsa, Arunachal Pradesh, a disciplinary proceeding was initiated against him on the following charges:

“Charge 1

That, while being in service in the post of H/Ministerial and being a member of the Force under the provision of Section 11(1) of CRPF act 1949, Force No.095190074 H/Ministerial, Rahul Kumar, 36 Bn. CRPF, disobeyed the rules/lapsed in his duties/neglected his duties/and did other misconducts including that on 17.09.13 he left the camp without the permission of competent officer, without obtaining leave and without preparing charge report which is against well established discipline of the Force and is a punishable offence.

Charge 2

That , while being in service in the post of H/Ministerial and being a member of the Force under the provision of Section 11(1) of CRPF act 1949, Force no.095190074 H/Ministerial, Rahul Kumar, 36 Bn. CRPF, disobeyed the rules/lapsed in his duties/neglected his duties/and did other misconducts including that on 17.09.13 he left the camp. Thereafter he was informed over phone to immediately report the Head Quarter and two notices were sent to this house directing him to immediately report the Head Quarter but disobeying all the given instructions and orders and in the morning of 19.10.13 he reported the Head Quarter at his whim after a long absence of 32 days which is a conduct of indiscipline and is a punishable offence.”

6. The petitioner submitted his defence statement and not being satisfied with the explanation, an enquiry was conducted to enquire into the charges against the petitioner. In the said enquiry, 4 nos. of witnesses were examined by the authorities, while the petitioner chose not to adduce any evidence. After completion of the enquiry, the Inquiry Officer submitted a report dated 29.09.2014 in which the following findings were given.

Findings of the Inquiry Officer with regard to the charges:

The Charge 1 that while being in service in the post of H/Ministerial an being a member of the Force under the provision of Section 11(1) of the CRPF act 1949, Force No.095190074 H/Ministerial, Rahul Kumar, 36 Bn. CRPF, disobeyed the rules/lapsed in his duties/neglected his duties/and did other misconducts including that on 17.09.13 he left the camp without his leave being granted, without the permission of the competent officer and without giving charge which is against discipline and a punishable offence is found proved.

Charge 2 is that while being in service in the post of H/Ministerial and being a member of the Force under the provision of Section 11(1) of CRPF Act 1949, Force No.095190074 H/Ministerial, Rahul, Kumar, 36 Bn. CRPF, disobeyed the rules/lapsed in his duties/neglected his duties/and did other misconducts including that on 17.09.13 he left the camp. Thereafter he was informed over phone to immediately report