SUDHIR AGARWAL, J.

1. Heard Sri Indra Prasad Yadav, learned counsel for petitioner and Sri P.D. Tripathi, learned counsel for respondents.

2. This writ petition under Article 226 of Constitution of India has been filed by sole petitioner, Banwari Lal who was a Constable in Central Reserve Police Force (hereinafter referred to as "C.R.P.F."), assailing order dated 13.12.2003 (Annexure-7 to writ petition), whereby punishment of dismissal has been imposed upon him by Commandant 104 Batallian, Rapid Action Force (C.R.P.F.), Aligarh in purported exercise of power under Section 11(1) of Central Reserve Police Force Act, 1949 (hereinafter referred to as "Act, 1949") read with Rule 27 of Central Reserve Police Force Rule, 1955 (hereinafter referred to as "Rule, 1955"). Petitioner has also been denied full salary for the period of suspension and the same has been confined to amount of subsistence allowance already paid. All his medals, decorum etc., earned in service have been forfeited. He has also challenged Appellate Authority's order dated 27.05.2004 passed by Deputy Inspector General, C.R.P.F., New Delhi, dismissing petitioner's appeal and Revisional Order dated 19.09.2005 passed by Inspector General of Police, C.R.P.F., New Delhi dismissing petitioner's revision.

3. A charge-sheet dated 12.12.2002 was served upon petitioner containing two charges which read as under :-

^^en ,d&cy la[;k 913227509 flikgh cuokjh yky Mh@ 104 cVkfy;u nzqr dk;Z cy] ds0fj0iq0 cy us lnL; gksus dh gSfl;r ls voKk vopkj ,oa M;wVh dh vis{kk dk O;ogkj djrs gq, fnukad 23-9-02 ls 25-11-02 rd fcuk fdlh le{k vf/kdkjh dh vuqefr@vodk'k Lohd`fr ds M;wVh ls vuqifLFkr jgkA cy la[;k 913227509 flikgh cuokjh yky Mh@104 cVkfy;u nzqr dk;Z cy] ds0fj0iq0cy dks nks fnu vkdfLed vodk'k fnukad 20-9-02 ls 21-9-02 jfookj dh vuqefr Lohd`fr fd;k x;k FkkA mDr dkfeZd dks viuh M;wVh ij 23-9-02 dks fjiksVZ djuk FkkA ijUrq os oSls djus ls vlQy jgk vkSj fnukad 25-11-02 ¼vi0½ dks 64 fnu xSj gkftj jgdj cVkfy;u eq[;ky; esa fjiksVZ fd;kA ;|fi cy la[;k 913227509 flikgh cuokjh yky Mh@104 cVkfy;u nzqr dk;Z cy] ds0fj0iq0 cy vyhx<+ us cy dk lnL; gksus dh gSfl;r ls voKk dk vijk/k fd;k gS ftlesa mlus 64 fnu fcuk fdlh l{ke vf/kdkjh dh vuqefr@vodk'k Lohd`r ds M;qVh ls vuqifLFkr jgk tks fd dsUnzh; fjtoZ iqfyl cy vf/kfu;e 1949 dh /kkjk 11 ¼1½ ds lkFk ifBr dsUnzh; fjtoZ iqfyl cy fu;ekoyh 1955 ds fu;e 27 ds vUrxZr n.Muh; gSAa

"Item 1:-

Force No 913227509 Cons Banwari Lal, D/104 Battalion- Rapid Action Force, Central Reserve Police Force, remained absent from his duty from 23.9.02 to 25.11.02 without any permission/ sanction of leave by the competent officer, thus showing disobedience, misconduct and negligence towards his duties as a member of the Force. Two days' casual leaves from 20.9.02 to 21.9.02, with permission for Sunday, had been sanctioned to Force No 913227509 Cons Banwari Lal, D/104 Battalion-Rapid Action Force, C.R.P.F. The aforesaid official was to report back for his duty on 23.9.02 but he failed to do so; and after absence of 64 days he reported at the Battalion headquarters on 25.11.02 (A.N). Though Force No 913227509 Cons Banwari Lal, D/104 Battalion- Rapid Action Force, Central Reserve Police Force has as a member of the Force, committed disobedience, wherein he remained absent from duty for 64 days without any permission/ sanction of leave by the competent officer, which is punishable under Section 11 (1) of the Central Reserve Police Force Act, 1949 read with Rule 27 of Central Reserve Police Force Rules, 1955."

en&nks&cy la[;k 913227509 flikgh cyokjh yky Mh@ 104 cVkfy;u] nzqrdk;Z cy ds0fj0iq0cy dks nks fnu dk vkdfLed vodk'k fnukad 20-9-02 ls 21-9-02 lkFk esa fnukad 22-9-02 dks vuqefr LOkhd`fr dh xbZ FkhA dkfeZd dks fnukad 23-9-02 dks viuh M~;wVh ij mifLFkr gksuk Fkk ijUrq og fu/kkZfjr le; ij fjiksVZ djus esa vlQy jgk vkSj 64 fnu fnukad 23-9-02 ls 26-11-02 rd fcuk fdlh l