Disciplinary proceedings must follow due process; writ petitions dismissed for lack of maintainability as remedies before the Central Administrative Tribunal were not exhausted.

COMMON ORDER

(Made by Hon’ble Chief Justice)

W.P(C) No.28 of 2024 has been filed by the Union of India / Assam Rifles, seeking to extend the time for completion of the disciplinary proceedings against the respondent / Writ Petitioner in W.P(C) No.1 of 2024, as ordered by this Court in W.P(C) No.444 of 2020 dated 22.03.2022 till 31.08.2024.

2. The Writ Petitioner in W.P(C) No.1 of 2024 has filed the Writ Petition before the learned Single Judge, a) to set aside and quash the improper disciplinary proceedings ordered vide Order No.5450016/DS/Estt-A(Discp)/2022/635 dated 22.08.2022 and grant all consequential benefits to the petitioner, b) to forbear/recall/withdraw/stay the disciplinary proceedings ordered against the petitioner vide authority Order No.5450016/DS/Estt- A(Discp)/2022/635 dated 22.08.2022 and grant all consequential benefits to the petitioner, c) to direct the Director General, Assam Rifles to consider the representation dated 09.11.2023 and pass speaking order within a stipulated time frame, d) to direct the respondent authorities to prepare fresh pay fixation due to the petitioner as per his entitlements, e) to direct the respondent authorities to release the arrear payments with effect from 26.03.2016 till 31.07.2022 and f) to direct the respondent authorities to comply with the order dated 22.03.2022 passed by the Hon’ble Division Bench of the High Court of Meghalaya in W.P(C) No.444 of 2020.

3. Since the issue involved in both Writ Petitions is one and the same, we directed the Registry to club W.P(C) No.1 of 2024 pending before the Single Bench along with W.P(C) No.28 of 2024 for joint disposal. For the sake of brevity, the parties are referred to as “Assam Rifles” and Employee”.

4. It was the case of the Employee that he joined the services of Assam Rifles on 26.06.2000 as Hindi Typist and served in various units of Assam Rifles and he was granted 15 days casual leave from 12.08.2013 to 01.09.2013 on account of his elder daughter’s sudden ailment and on the expiry of leave, he failed to join duty and on 11.09.2014, he voluntarily re-joined duty after absenting himself for 373 days. In view of unauthorized absence of 373 days, Assam Rifles issued a show cause notice seeking explanation as to why disciplinary action should not be initiated against him. It was further case of the Employee that he replied that his wife had expired previous year, leaving behind three children and he had to take care of them. He also suffered acute back pain and underwent medical treatment at District Hospital, Agra from 28.08.2013 to 22.08.2014, on account of which, he was not able to re-join duty. According to him, he had produced the medical documents in respect of his ailment.

5. According to the Assam Rifles, the Employee, after receiving the charge sheet, has admitted his guilty, based on which, the Disciplinary Authority had decided to impose a major punishment of removal from service vide order dated 25.03.2016, which reads as follows:

“4. NOW THEREFORE, after due application of mind to the facts of the case, and in exercise of the power conferred by the Central Civil Services (Classification, Control and Appeal) Rules, 1965, a major penalty of “Removed from service which shall not be a disqualification for future employment under the Government” is hereby imposed as enumerated in Rule 11 (viii) on the charged official, No.5450016 Shri. Dharmvir Singh, Hindi Typist of 21 Sector Assam Rifles with immediate effect.

5. AND it is further directed that above mentioned absence period be treated as unauthorized absence from duty and be penalized by recovering from his pay, the whole amount of pecuniary loss caused by his absence to the Government. Accordingly, necessary casualt