The absence of Presenting Officers in disciplinary proceedings violates natural justice, necessitating the setting aside of dismissal orders and reinstatement of affected personnel.

ORDER :

A. GUNESHWAR SHARMA, J.

[1] Heard Mr. K. Roshan, learned counsel for the petitioners in WP(C) No. 1098 of 2018 and WP(C) No. 395 of 2021; Mr. Ng. Jagatchandra, learned counsel for the petitioner in WP(C) No. 776 of 2022; Mr. S. Samarjeet, learned Sr. PCCG for the respondents in WP(C) No. 1098 of 2018; Mr. W. Darakeshwar, learned Sr. PCCG for the respondents in WP(C) No. 395 of 2021; and Mr. Kh. Samarjit, learned DSGI assisted by Mr. N. Armananda, learned counsel for the respondents in WP(C) No. 776 of 2022.

WP(C) No. 1098 of 2018

[2] By this writ petition, the petitioner is praying for issuance of a writ in the nature of certiorari or mandamus or any other appropriate writ/order/directive(s) for quashing and setting aside the impugned order being No. P-8-01/2017-Adm dated 4^th August, 2017 issued by the Commandant-78 BN CRPF and impugned letter being No. P. VIII. 1/2017- OPS-ESTT dated 10^th October, 2017 issued by the DIGP (OPS), CRPF, Kohima coupled with the prayer for re-instating the petitioner back into the service in the facts and circumstances of the present petition.

[3] It is submitted that the petitioner was recruited as a Constable (GD) in the Central Reserve Police Force under due process of law/rules. Since his recruitment to the said post of Constable (GD), he underwent necessary trainings which completed successfully. However, unfortunately, a Departmental Enquiry was initiated against the petitioner for unauthorized absence and consequently, the respondent No. 4 issued an impugned order being No. P-8-01/2017-Adm dated 4^th August, 2017 whereby dismissing the petitioner from the service and thereafter, the respondent No. 3 issued another impugned letter being No. P.VIII.1/2017-OPS-ESTT dated 10^th October, 2017 regarding the dismissal of the petitioner.

[4] The petitioner begs to submit that the petitioner was duly sanctioned leave for 6 (six) days with effect from 12-09-2016 to 18-09-2016 to visit his pregnant wife in Manipur but due to unavoidable circumstances, the petitioner could not report for duty even after the completion of his leave period.

It is pertinent to submit that while the petitioner was on leave, the wife of the petitioner was seriously ill due to the advance stage of her pregnancy. Consequently, the petitioner could not leave his family as there was no one to look after their children. Due to health condition of his wife, the delivery date of the petitioner's wife was preponed before the expected date/time of delivery and hence, was admitted at Jawaharlal Nehru Institute of Medical Science (JNIMS), Porompat for delivery of their fifth child on 06- 10-2016. Fortunately, a baby boy was born on the same day i.e. 06-10-2016 at 11 pm but the health condition of his baby boy was deteriorated and was declared medical emergency and hence, his wife and the infant were then shifted to a Private Hospital i.e. Mother's Care Children Hospital & Research Centre, Imphal for further treatment on 07-10-2016. An operation/surgery of baby boy was also conducted on 08-10-2016 at the said Mother's Care Children Hospital & Research Centre, Imphal.

[5] It is submitted that in spite of utmost endeavour by the concerned Hospital Staffs and Doctors, his baby boy succumbed during his treatment on 15-10-2016. The said tragic incident has left the petitioner and his wife totally devastated beyond redemption. Since, there was no one to take care of his wife and their four daughters, the petitioner had no other alternative but to remain stationed at home to comfort them emotionally and physically during the darkest moment of their lives. Thereafter, the petitioner had also submitted a representation dated 16-10-2016 regarding circumstances leading to delay in reporting the late from leave.

[6] It is pertinent to submit that the petitioner already has four