The disciplinary authority has the discretion to impose lesser punishment, and the court can remit the matter for reconsideration of the punishment imposed.

JUDGMENT :

S. Pujahari, J. - The petitioner in this writ petition challenges the order dated 18.3.2006 passed by opposite party no. 4 at Annexure-9, imposing the punishment of removal from service in a disciplinary proceeding initiated against him vide Annexure-5 and prayed for quashing the same and also direct the opposite parties to reinstate him in service with back wages.

2. Facts relevant for disposal of the writ petition are as follows:-

The petitioner was enrolled as a constable in 26 Battalion, Central Reserve Police Force (hereinafter referred to as 'CRPF'), Koirengei, Imphal, Manipur on 4.4.1991. While continuing in the service, the petitioner applied for 60 days Earned Leave and was allowed Earned Leave from 17.11.2001 to 15.01.2002. On expiry of the leave, petitioner did not report on his duty and sought for extension of the leave telegraphically on the ground of self illness on 2.2.2002. Thereafter, as the mother of the petitioner died on 18.3.2002, the petitioner sent a resignation letter on the ground of domestic problem and self illness which was not acted upon. On 11.11.2004 petitioner made a representation to allow him to join in his duty as in the meanwhile he became physically fit and had financial constraint. The authority pursuant to such representation of the petitioner allowed him to join on his duty w.e.f. 12.01.2005 in 26 Battalion, CRPF at Jammu (J & K). While he was continuing in such duty, a disciplinary proceeding was initiated against him on 16.09.2005 by opposite party no. 4 on the charges of unauthorized absence from the duty from 16.01.2002 to 11.01.2005 which for about 1092 days. The petitioner participated in the said departmental proceeding and took the defence that the absence from the duty was due to self illness and death of petitioner's mother. In the conclusion of the departmental proceeding, punishment of removal from service was imposed on the petitioner vide the impugned order at Annexure-9, which the petitioner challenges in this writ petition, inter alia, on the ground that the finding in the departmental proceeding is an outcome of non-application of mind on the part of the Enquiry Officer and also violative of principle of natural justice. Besides the same the petitioner has also challenged the punishment imposed by the Disciplinary Authority to be disproportionate.

3. The opposite parties in their counter to the averments made in the writ petition denied the fact that action taken against the writ petitioner suffers from the vice of violation of the principles of natural justice, an outcome of non-application of mind on the part of the Enquiry Officer and the punishment imposed by the Disciplinary Authority to be disproportionate, inasmuch as the petitioner was given due chance of hearing and after going through the material on record, the Enquiry Officer found him guilty of the charges by a reasoned order, which was accepted by the Disciplinary Authority, so also the misconduct being serious, as the petitioner was a member of the discipline force, punishment of removal of service can never be deemed as disproportionate. Hence, the writ petition is devoid of merit. Furthermore it has also been averred that a speedy and efficacious remedy being available against the order of the Disciplinary Authority, inasmuch as the Rules framed under Central Reserve Police Force Act (fort short "CRPF Act") provides for an appeal against such order at the instance of the petitioner, the writ petition is not maintainable.

4. During the course of hearing, it has been contended by the learned counsel for the petitioner that it is well settled in law that availability of an alternative is no bar to approach this Court under Article 226 of the Constitution of India and regard being had to the fact that in spite of availability of the same, this Court having entertained the prayer of the petitioner, the challenge to the maintainability of the writ petition on the said ground at this stage, is without any