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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Janved Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
Prayer
1. The present writ petition has been preferred invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking prays for quashing of the impugned order dated 25.06.1996 (Annexure P-5) whereby the petitioner has been dismissed from service while further seeking direction to the respondent-department to reconsider the impugned orders and to re-examine the petitioner’s case with respect to the quantum of punishment imposed.
Factual Matrix :
2. The petitioner was enlisted in the Border Security Force on 16.12.1969 as a Constable (General Duty) and served the Force for several years, including postings in hard areas in Jammu & Kashmir and North-East India. The petitioner availed 45 days of earned leave w.e.f. 31.01.1996 to 18.03.1996 and was required to report back for duty on 19.03.1996. Though the leave was sanctioned vide certificate dated 29.01.1996, the petitioner could proceed on leave only on01.02.1996 due to official requirements.
3. During the leave period, the petitioner fell seriously ill and suffered from severe abdominal pain. He was taken to Primary Health Centre, Kahinjhari, District Kanpur Deh
Unauthorized absence from duty must be proven willful to constitute misconduct; penalties must be proportionate to the offense and consider the employee's service record.
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.
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