17th March 2023

Per, Shree Chandrashekhar, J.

Ravi Kumar Sharma who was a Constable under Central Industrial Security Force (in short, CISF) left the duty on 25th August 1999 and remained absent for the next 40 days. According to the charge memo dated 5th November 1999, Ravi Kumar Sharma is a habitual absentee who has in the past been awarded minor punishments on four occasions for a similar misconduct.

2. The appellant has suffered the punishment of removal from service passed by Commandant, CISF vide order dated 30th June 2000 which was communicated to him through letter dated 04th January 2001.

3. By an order dated 20th November 2001, WP(S) No. 5406 of 2001 filed by the appellant was disposed of with liberty to approach the appellate authority.

4. The appellate authority has dismissed the statutory appeal preferred by the appellant by an order dated 9th February 2002 and both these orders were put to challenge in WP(S) No. 5423 of 2004.

5. WP(S) No. 5423 of 2004 has been dismissed with the following observations:

“7. Having heard learned counsel for the respective parties and on perusal of the documents on records it appears that the impugned order of punishment dated 24.02.20