Disproportionate punishment for unauthorized absence under the Central Reserve Police Force Act, 1949

JUDGMENT :

1. Heard Sri Rajesh Kumar assisted by Sri Yashodanand Shukla, learned counsel for the petitioner and Sri Jitendra Prasad Mishra, learned counsel for the respondents.

2. This writ petition has been filed against an order of dismissal dated 20.3.1992 and also against the orders dated 27.4.2005 and 5.9.2005 passed in the appeal and the revision respectively. By these orders the appeal and the revision filed by the petitioner were also dismissed.

3. The petitioner who was working as a Constable in the Central Reserve Police Force ever since 1985 was always much appreciated for his work and, therefore, had also been awarded with various rewards and appreciations from the Governor, the Director General of Central Reserve Police Force, Inspector General of Police and the Commandant. Apart from these awards, the petitioner was also a recipient of various cash rewards.

4. The facts of the case are that when the petitioner was on duty on 24.12.1991, a fellow Constable by the name of Haidar Ali informed the petitioner about the serious illnesses of his mother and that of his child. Upon getting the information, the petitioner was very upset. He tried to give an application on 24.12.1991 for 16 days' leave. However, no orders were passed on that application. On the next day, it was a Christmas holiday and no officer was available for the granting of leave and, therefore, on 26.12.1991, the petitioner after writing an application and after leaving the same in the office of the Commandant of the Headquarter, left for his village. From his village also, the petitioner kept writing through post. When the petitioner re-joined his duty on 23.1.1992, he was placed under suspension on 24.1.1992 and thereafter he was also served with a charge of desertion on 25.1.1992. An Enquiry Officer was appointed and thereafter the Enquiry Officer submitted his enquiry report upon the completion of the enquiry. On 20.3.1992, an order of dismissal was passed for the petitioner's unauthorized absence. The petitioner filed an appeal and when that was rejected on 27.4.2005, he filed a Revision. Upon the dismissal of the Revision on 5.9.2005, the instant writ petition was filed.

5. Learned counsel for the petitioner has submitted that under the Central Reserve Police Force Act, 1949, sections 9 to 12 deal with offences and punishments. Section 9 deals with "more heinous offences" while section 10 deals with "less heinous offences". Section 11 deals with minor punishments and section 12 deals with punishments which are ranging from dismissal to imprisonment. Since learned counsel for the petitioner had brought to the notice of the Court sections 9 to 12, they are being reproduced here as under :-

"OFFENCES AND PUNISHMENTS

More heinous offences.

9. Every member of the force who-

(a) begins, excites, causes or conspires to cause or joins in any mutiny, or being present at any mutiny, does not use his utmost endeavour to suppress it, or knowing, or having reason to believe in, the existence of any mutiny, or of any intention or conspiracy to mutiny or of any conspiracy against the State does not, without delay, give information thereof to his superior officer; or

(b) uses, or attempts to use, criminal force to, or commits an assault on, his superior officer, whether on or off duty, knowing or having or having reason to believe him to be such; or

(c) shamefully abandons or delivers up any post or guard which is committed to his charge, or which it is his duty to defend; or

(d) directly or indirectly holds correspondence with, or assists or relieves any person in arms against the State or omits to discover immediately to his superior officer any such correspondence coming to his knowledge; or who, while on active duty,-

(e) disobeys the lawful command of his superior officer; or

(f) deserts the Force; or

(g) being a sentry, sleeps upon his post or quits it without being regularly relieved or without leave; or

(h) leaves his commanding officer, or his post or party, to go in