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2006 Supreme(MP) 571

A.K.SHRIVASTAVA
N. Hanumantha – Appellant
Versus
Union of India – Respondent


Advocates:
K.C. Ghildiyal for petitioner; Dharmendra Sharma, Assistant Solicitor General for respondents.

ORDER

1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner is challenging the validity of impugned orders Annexure P-5 dated 1.3.2000 passed by respondent No.5, Annexure P-7 dated 25.10.2001 passed by respondent No.4 in departmental appeal and Annexure P-9 dated 7.3.2003 passed by respondent No.3 dismissing the revision petition of the petitioner.

2. No exhaustive statement of facts is necessary for the disposal of this petition. Suffice it to state that at the relevant point of time the petitioner was serving on the post of Constable/Bugler. He remained absent w.e.f. 3.8.1999 to 2.9.1999 and his past record was also found to be bad as he remained unauthorisedly absent for 274 days on two earlier occasions. Therefore, he was subjected to a departmental inquiry and two charges were framed against him which read thus :

"ARTICLE- I

That, the said No.920990014 Ct/Bug. No. Hanumantha of HQ/l07 Bn. RAF/CRPF while functioning as Ct/Bug committed disobedience of orders/neglect of duty/remissness in discharge of his duty in his capacity as a member of Force in that he deserted from HQ/l07 Coy lines on 3.8.1999 without sanction of leave or prior p


















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