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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KARDAK ETE
Sri prasanna roy, S/o Late Mahendra Roy – Appellant
Versus
Union Of India Rep. By The Secy., Ministry Of Home Affairs, New Delhi – Respondent
| Table of Content |
|---|
| 1. factual history regarding recruitment, training, illness, and subsequent service termination. (Para 1 , 2 , 3 , 4) |
| 2. parties' contentions on the validity of termination and compliance with rule 5(1) ccs rules. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. court’s assessment of chronological facts and the applicability of service rules. (Para 14 , 15 , 16 , 17) |
| 4. legal nature of service termination for desertion versus unauthorized absence. (Para 18 , 19 , 20) |
| 5. evaluation of merit and final order for dismissal of the petition. (Para 21 , 22 , 23) |
JUDGMENT :
KARDAK ETE, J.
Heard Mr. N. K. Kalita, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned Central Government Counsel for the respondents.
2. By filing this writ petition, the petitioner has put to challenge the order dated 27.11.2006, issued by the Additional DIGP, CRPF, by which the service of the petitioner is terminated on account of desertion from the Force and unauthorised absence with effect from the date of expiry of one month notice from the date on which order was served upon the petitioner.
3. During the pendency of the writ petition, the original petitioner, Late Monoj Kumar Roy (herei
The party who invokes the extra ordinary jurisdiction under Article 32 and Article 226 is supposed to the truthful, frank and open. He cannot be allowed to play ‘hide and seek’ or to ‘pick and choose....
The importance of truthfulness and openness when invoking extraordinary jurisdiction under Article 32 and Article 226, and the serious view taken on indiscipline in the Armed Forces.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
Dismissal for desertion disproportionate for long-serving employee overstaying leave due to illness with prior intimation, absent proper inquiry; substitute with deemed discharge upon 20 years pensio....
Resignation cannot be accepted during a pending departmental enquiry, and unauthorized absence from duty can lead to removal from service.
The Commandant has the discretion to impose dismissal or removal from service for misconduct under Section 11(1) of the CRPF Act.
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