The court emphasized the importance of providing sufficient evidence to support claims of illness and family issues in cases of unauthorized absence in a disciplinary force like the CRPF.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the order passed by the 5th respondent dated 16.09.2013 and communicated on 03.12.2013 in his Order No.R.XIII-4/2013-DA (Estt-II) and quash the same and to direct the respondents to take the petitioner in to the strength of CRPF as Constable with all monetary benefits.)

1. This Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, call for the records relating to the order passed by the 5th respondent dated 16.09.2013 and communicated on 03.12.2013 in his Order No.R.XIII-4/2013-DA (Estt-II) and quash the same and to direct the respondents to take the petitioner in to the strength of CRPF as Constable with all monetary benefits.

2. The petitioner was joined in the Central Reserve Police Force on 24.08.1994 as constable. The third respondent has appointed the petitioner as Constable. He took training at Avadi, Chennai and thereafter at Bangalore and then finally at Coimbatore under the third respondent and then he was posted at Delhi. He was sanctioned Earned leave for 60 days with effect from 05.02.1999 to 05.04.1999. During the leave period i.e., from 01.04.1999 to 10.08.1999 he was suffering from Jaundice and was advised bed rest by the Civil Assistant Surveon Dr.P.Chinapethu. Therefore, he was not able to report for duty after the completion of the earned leave period. In the meantime, the first respondent has ordered departmental enquiry and the charge memo dated 08.11.1990 has been issued for the following articles of charge. “That No.941164435 Constable K.Saravanan of D/12 Bn CRPF while functioning as a member of the Force committed a offence of misconduct/disobedience in his capacity as a member of the force under sec 11(1) of CRPS Act 1949 in that he is overstaying leave w.e.f.06.04-1999 FN without sufficient cause/permission from the competent authority.'

3. Thereafter, an enquiry was ordered and the enquiry officer has submitted an ex-parte enquiry report to the first respondent. Based on the enquiry report, the first respondent has passed the final order awarding the punishment of removal from service w.e.f. 04.03.2000. The petitioner was not able to submit the appeal within the stipulated time under Rule 28(e) of the CRPF rules within 30 days. The delay in filing the appeal is due to the problem in the family and due to his illness. In the order, the first respondent has stated that a letter has been received on 18.01.2000. In the letter dated 18.01.2000 the medical certificates and prescriptions have been sent to the first respondent. Therefore, the first respondent should have waited till his ailment is completely cured. But without waiting for that, the enquiry proceedings have been completed and Rule 31 procedure has also been completed, thereby declaring him as deserted. The first respondent has passed the order on 04.03.2000 awarding the punishment of removal from service. Therefore, the petitioner has sent a detailed appeal to the second respondent on 30.11.2002 without considering the ground urged in the appeal properly.

4. He further submitted that the petitioner has filed a writ petition in W.P.No.33461 of 2004 before this Court and this Court by order dated 12.11.2009 dismissed the writ petition. Challenging the order of dismissal, the petitioner has filed an appeal and the writ appeal was also dismissed by this Court. Thereafter, the petitioner has sent an application under the Right to Information Act to the second respondent to provide certain documents in connection with Medical checkup. But the second respondent has rejected the request on 16.10.2011. When the petitioner was severely under attack of the mental disorder, I was not able to send the message into the Inspector General of Police and Deputy Inspector General of Police. Thereaft