The court held that disciplinary removal of an employee missing while under departmental control is unjustified, emphasizing authority's responsibility and allowing the family to claim service benefits without mandatory filing of a missing report.

ORDER :

Sri G. Pavana Murthy, learned counsel for the petitioner.

Sri N. Bhujanga Rao, learned Deputy Solicitor General of India appears for respondent Nos.1 to 3 and 5.

Sri A. Raghuram Mahadev, learned Assistant Government Pleader for the State of Andhra Pradesh appears for respondent No.7.

2. Petitioner is the father of one M. Srikanth, Constable, Central Reserve Police Force (CRPF) who has preferred this writ petition for granting of service benefits to him as per the Government of India Office Memorandum dated 24.06.2013 and declare the action of respondent No.5 in passing removal order dated 28.01.2017 against his missing son as illegal.

3. During the pendency of the writ petition, the order of removal dated 28.01.2017 has been challenged. The facts culled out from the pleadings on record and specifically from the counter affidavit of respondent Nos.1 to 5 filed in November, 2021, indicates that the petitioner’s son was declared unfit for combatized service as per the proceedings of Medical Board Part-I and Part-II received from Composite Hospital, CRPF, Guwahati, dated 28.02.2014 as he was a case of amputation of left leg. The petitioner’s son was referred to Rehabilitation Board as per Standing Order 04 of 2011. The Board headed by Inspector General of Police, Southern Sector, CRPF, Hyderabad, recommended the following (a) Continue to complete 10 years of service so as to entitle for pensionary benefits. (b) GC-RRY should take action to motivate him for vocational training subject to his willingness, by proceedings dated 22.01.2015. Since the petitioner’s son in his application dated 19.02.2015 expressed willingness for attending computer course (skill development programme with special focus on computer applications for people with disability) conducted by NCRB, New Delhi, for the year 2015, his name was accepted by the Inspector General of Police, Southern Sector, CRPF, Hydearbad. He was sent to Northern Sector, Headquarter, CRPF, New Delhi, on 21.02.2015. During the course of his stay in Group Centre, CRPF, Jharodakalan, New Delhi, with effect from 23.02.2015, he was found absent on 02.06.2015 by the Deputy Commandant (Admn) Group Centre, CRPF, Jharodakalan, New Delhi. The Constable – M. Srikanth (General Duty) (for short, “CT/GD”) was found absent from roll call on 01.06.2015. A search party scoured the bus stand and nearest railway station, but could not trace him. Therefore, the competent authority treating him as deserter from the camp with effect from 01.06.2015 at 1800 hours and submitted a written complaint to the Station House Officer, Baba Haridas Nagar Police Station, Nazafgarh, New Delhi, with a request to lodge First Information Report (FIR) against the said CT/GD under intimation to Group Centre, CRPF, Ranga Reddy. Thereafter, letters were issued to the petitioner’s son on 01.07.2015 and 13.07.2015 to report for duty failing which strict disciplinary action would be taken against him. Simultaneously, on 17.07.2015, the Officer Commanding of Group Centre, CRPF, Ranga Reddy, also lodged a complaint against him before the Chief Judicial Magistrate of the First Class-cum- Commandant of GC CRPF, Ranga Reddy, under Section 10(m) of the Central Reserve Police Force Act, 1949 (for short, “the Act”). Cognizance was taken under Section 9(f) of the Act and warrant of arrest was issued to respondent No.7 - Superintendent of Police, Guntur, for his apprehension. Further, a court of inquiry was ordered to enquire into the circumstances under which he deserted the Gr