Unauthorised absence is an act of indiscipline and may lead to disciplinary action, including dismissal from service.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records on the file of the 3rd respondent made in Ref.No.R.XIII.4/2013-EC.III, dated 24.06.2013 and consequential order passed by the 2nd respondent made in ref.No.R.XIII.34/13 - Adm-7 dated 11.11.2013 and quash the same.)

1. The order of dismissal from service passed by the disciplinary authority, which was confirmed by the Appellate Authority/3rd respondent and Revision Authority/2nd respondent are under challenge in the present writ petition.

2. The writ petitioner joined as Constable (General Duty) in the Central Reserve Police Force. The petitioner states that due to his ill health and on account of illness of his wife, he was unable to attend the duty. The petitioner sent a representation to the Department for grant of leave and to extend the leave period along with the Medical Certificate for his overstay. However, the petitioner was dismissed from service through order dated 28.03.2011, stating that he remained unauthorisedly absent from attending duty. The petitioner states that an enquiry had been conducted in his absence and he had not received any communication from the Department regarding departmental enquiry. The ex-parte enquiry conducted and the consequential dismissal order passed were done in the absence of the writ petitioner. Thus, the petitioner preferred an Appeal to the 3rd respondent on 17.10.2012 along with the relevant documents. However, the Appeal was rejected on 24.06.2013 and he preferred a Revision Petition before the 2nd respondent, who in turn, confirmed the order passed by the Disciplinary Authority and the Appellate Authority.

3. The learned counsel for the petitioner mainly contended that the petitioner was ill health and his wife was also suffering from medical complications and he was hospitalised along with his child. Under those circumstances, he overstayed in his native place and therefore, the genuine reasons furnished by the writ petitioner was not considered by the respondents even in Appeal. It is contended that an ex-parte enquiry was conducted in the absence of the writ petitioner and based on the ex-parte enquiry report, the order of dismissal from service was issued. Thus, the orders impugned are liable to be set aside.

4. The respondents have stated that the petitioner joined as Constable on 07.12.2005. After completion of basic training, he was posted in F/70 BN CRPF with effect from 02/2007 to 15.08.2008. He was relieved on transfer. Instead of reporting for duty, he availed 10 days leave and thereafter, absented himself for about 80 days. A Departmental Enquiry was conducted against the writ petitioner for his unauthorised absence from joining time and resulted in awarded of punishment of “stoppage of Annual Increment for a period of 2 years with cumulative effect”. The period of absence from 25.08.2008 to 12.11.2008, total 80 days was regularised as Dies Non.

5. In the year 2010, the petitioner was sanctioned 30 days Earned Leave with effect from 06.02.2010 to 07.03.2010 and he was due for joining duty by 08.03.2010, but the petitioner overstayed the said period of sanctioned leave. The petitioner neither submitted any written request for extension of leave nor informed the Competent Authority about reasons for his absence. During his overstay from leave, the petitioner was directed to report for duty forthwith. The said letters sent to the last known home address of the petitioner were returned by the Postal Authorities as Undelivered without mentioning any remarks. In spite of repeated directions, the petitioner neither reported on his own nor did he communicate in writing, explaining the reasons for absence. Due to his continuous unauthorised absence from duty, a Court of enquiry was ordered vide proceedings dated 20.05.2010 to enquire into the matter. Based on the recommendation of the Court of Enquiry (COI), the petitioner was declared