IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Ananya Bandyopadhyay W.P.A. 6326 of 2009 Vishal Waghale -Vs-

Union of India & Ors.

For the Petitioner : Mr. Sk. Mujibar Rahman For the respondents : Mr. Bhudeb Chatterjee Heard on : 28.01.2025, 05.08.2025 Judgment on : 02.09.2025 Ananya Bandyopadhyay, J.:-

1. The petitioner was enrolled in the Central Reserve Police Force (CRPF) in the year 2000 after fulfilling all eligibility requirements. He rendered unblemished and satisfactory service, performing his duties diligently and without complaint until the initiation of the disciplinary proceedings.

2. On 05.04.2005, the petitioner was served with a memorandum of charge under Section 11(1) of the CRPF Act, 1949, alleging misconduct for overstaying leave without permission after availing sanctioned earned leave for 60 days (01.05.2004 to 29.05.2004) and returning only on

07.02.2005.

3. A departmental enquiry was initiated, with Shri S.L. Sengupta, 2nd-in-

Command, appointed as Enquiry Officer. The petitioner participated in the enquiry and explained his absence was due to serious illness and unavoidable domestic exigencies. He submitted