The court emphasized that medical documents must establish the inability to discharge duties to justify absence from duty. It also highlighted the importance of conducting enquiry proceedings as per prescribed procedure.

JUDGMENT :

SOUMITRA SAIKIA, J.

1. Heard Mr. I.H. Laskar, learned counsel appearing for the petitioner. Also heard Mr. S.S. Roy, learned CGC appearing for the respondents.

2. The present writ petition is filed by the petitioner assailing the order dated 22.01.2020 passed by the disciplinary authority imposing the punishment of removal from service of the petitioner, as well as the order dated 12.06.2020 passed by the appellate authority affirming the order of removal from service. The petitioner has further prayed for reinstatement in service withholds back wages and other benefits.

3. The writ petitioner was appointed as Constable (GD) in the Central Reserved Police Force (CRPF) in the year 2006. He was allotted in the Central Reserved Police Force (CRPF) being Force No. 065093679. After completion of his Basic Training, the petitioner was transferred to 147th Battalion of the Central Reserved Police Force (CRPF) at Kashipur, Silchar, Assam. Thereafter, petitioner was posted to the 3rd Battalion Head Quarter at Srinagar, Jammu and Kashmir on transfer. While being posted at Srinagar, petitioner submitted an application on 11.03.2019 through proper channel for grant of leave for 15 (fifteen) days to attend the marriage of his sister. The petitioner applied for leave with effect from 14.03.2019 to 02.04.2019. It is pleaded that the petitioner has been suffering from Psychiatric disease from a long period of time and was undergoing treatment as per advice of the doctor. The marriage of the sister of the petitioner was postponed due to illness of the father of the groom. This made the petitioner depressed and ultimately he lost his mental balance. Since his condition became serious, the wife of the petitioner took him to the Psychiatric OPD of Silchar Medical College and Hospital, Silchar. Since his condition did not improve, his wife took him to NEIHGRIMS, Meghalaya, Shillong. Under the treatment of the doctor consulted at NEIHGRIMS, Meghalaya, the petitioner gradually started improving. Although he was not fully cured and was not in a condition to join in his services at the 3rd Battalion, at Srinagar, Jammu & Kashmir, since his period of leave had expired, the wife of the petitioner represented before the competent authority seeking his extension of leave. After some improvement of his health, the petitioner had joined in his service and thereby reported to the Battalion Head Quarter on 04.09.2019.

4. Thereafter, the petitioner had again went for check-up at the OPD of Departmental Hospital at New Delhi on 14.09.2019. He was advised to carrying his duties without fire arms and was also advised for regular check-up once every week. Considering the mental health condition of the petitioner, his wife made a representation on 18.06.2019 before the competent authority for extension of leave. However, the respondent No. 6, namely, the Commandant 3rd Battalion Central Reserved Police Force (CRPF) stationed in Srinagar, Jammu & Kashmir issued the impugned Notice dated 18.09.2019 initiating departmental proceedings against the petitioner with as many as 3 (three) charges. All the 3 (three) charges brought against the petitioner are in respect of absence from his duties on various dates without obtaining permission from any competent officer. By the said memorandum dated 18.09.2019, the commandant recommended departmental enquiry under the provisions of Rule 27 of the CRPF Rules, 1955 against the petitioner on the charges of misconduct and negligence in discharging duties while being a member of the Force. Along with said memorandum, the statement of allegations, articles of charges, list of documents in support of the charges and the list of witnesses were enclosed.

5. Petitioner submitted his reply on 27.09.2019 in response to the show-cause notice/ Memorandum dated 18.09.2019. Thereafter, the Enquiry Report dated 09.12.2019 was submitted by the Enquiry Officer holding all the charges to be proved against the petitioner. The respondent No. 6,