O R D E R

The punishment of dismissal from service issued by the fifth respondent in proceedings dated 25.10.2012 is under challenge in the present writ petition.

2. The brief facts of the case are as follows:

2.1. The petitioner joined as Constable in the Central Reserve Force on

16.09.2004 and completed his training and posed in the 149 Battalion, from which, he was deployed at Kashmir with effect from March 2006. The petitioner was sanctioned earned leave for 30 days with effect from 27.12.2010 to 25.01.2011. He was due to report for duty on 26.01.2011. However, the petitioner had not reported duty. Due to problem in Howrah, he was not in a position to reach Guwahati on 26.01.2011 and hence, he was not able to report duty on 26.01.2011, but, he reported for duty on 28.01.2011.

2.2. Again, the fourth respondent sanctioned earned leave for 60 days to the petitioner from 02.01.2012 to 01.03.2012. Due to abdominal pain and severe back pain, the doctors diagnosed as "colitis" and he was not in a position to report duty on 02.03.2012. The Government Vellore Medical College & Hospital, Vellore, issued medical certificate of the petitioner and he produced the same. However, the said medical certificate was not accepted by the respondents and a charge memo was issued under Rule 27 of the CRPF Rules and the following articles of charges were framed:

"ARTICLE - I That the said No.041695939 CT/GD R.Dhanasekaran of C/149 Bn of this Unit, while functioning as Constable/GD in 149Bn, CRPF, proceeded on 60 days E/L sanctioned to him wef 02/01/2012 to 01/03/2012. He was due to report for duty on 01/03/2012 at evening Roll Call. But he failed to do so and overstayed from leave wef 02/03/2012 (FN) willfully without any permission from the competent authority and without any valid reason. This office repeatedly directed him to report for duty or take treatment in CRPF Government Hospital nearest Group Centre/Units/Offices vide this officer letters No.L.II-3/2012-149-EC-II dated 23/04/12, 25/04/12, 15/05/12 and 16/07/2012 but he not report for duty. Above individual forwarded photo copies of medical documents for extension of leave and his medical documents were forwarded to The Medical Superintendent, Government Vellore Medical College & Hospital, Vellore - 632 011, for verification of his medical documents. Accordingly, verification report received from the same vide Medical Superintendent, Government Vellore Medical College & Hospital, Vellore letter No.3601/2012 dated 13/07/2012 that "No material evidence or investigations is available to support the illness" and finally he reported on 03/08/2012 at 1300 hrs i.e after remaining 155 days OSL without any sufficient cause and permission from the competent authority. Thus, the said No.041695939 CT/GD R.Dhanaseakaran of C/149 Bn has committed an act of misconduct in his capacity as a member of the Force under section 10, 11(1) of CRPF Act-1949, which is punishable under Rule 27 of the CRPF Rule-1955.

ARTICLE-II That the said No.041695939 CT/GD R.Dhanaseakaran of (C/149 Bn) of this Unit is overstaying leave. Earlier he was proceeded on 30 days E/L sanctioned to him wef 27/12/2010 to 25/01/2011 permission to avail 25/12/2010, 26/01/2011 GH and 26/12/2010 being Sunday. He was due to report for duty on 26/01/2011 at evening Roll Call. But he failed to do so and overstayed from leave on 27/01/2011 (FN) willfully without any permission from the competent authority and without valid reason. He was reported for duty on 28/01/2011 (FN). Accordingly his OSL period on 27.01.2011 total-01 day was regularized as E/L in continuation to 30 days E/L. This habit of No.041695939 CT/GD R.Dhanasekaran is prejudicial to good order and discipline of the force and punishable under Rule-27 of CRPF Rules-1955."

2.3. The petitioner submitted his explanation denying the charges and not satisfied with the explanation, an Enquiry Officer was appointed, who in turn conducted an enquiry by affording an opportunity to the petitioner.