Srinagar- Absence from duty without leave for a member of the Force is a gravest misconduct, the High Court of J&K and Ladakh has said while upholding termination of services of a paramilitary CRPF personnel.
A bench of Justice Sanjay Dhar made the observations while dismissing a petition filed by the CRPF man, Reyaz Ahmad Khan, challenging an order by the paramilitary force dated 31 July 2018, by virtue of which he was dismissed from service.
According to Khan, he was appointed as a Constable in Central Reserve Police Force (CRPF) and was posted in 231 Bn. Khan said that leave was sanctioned in his favour from 10 April 2017 to 9 May 2017 but after the period of leave was over, he was unable to resume his duties. Khan said his son suffered vision disability, as a result of which he had to be admitted to hospital at Srinagar for treatment. Khan later applied for extension of leave which was granted, in the first instance, for eight days and thereafter for another ten days. Ultimately, Khan said that he joined the duties 12 December 2017 and performed his duties there upto 31st July, 2018.
All of a sudden, he said, his services were terminated in terms of order dated 31 July 2018 and even his appeal against the order was dismissed. Among others, Khan had challenged the orders on the ground that he was furnished the notice of show cause in Hindi script which he was not able to understand, as such, he could not respond to the show cause notice.
On the other hand, CRPF said that a Court of Inquiry was also ordered by the Commandant on 17th October, 2017 and it came to the fore that Khan had overstayed his leave with effect from 29 May 2017 without any intimation and permission of the competent authority, which, according to the paramilitary force is a grave misconduct in terms of Section 11(1) of the CRPF Act.
“….the petitioner (Khna) was charged for unauthorized absence of 198 days, which is an offence categorized as ‘less heinous’ offence in terms of Section 10(m) of the CRPF Act. Such an offence, as per Section 10 of the Act, is punishable with imprisonment for a term which may extent to one year, or with fine which may extend to three months’ pay, or with both. The question that arises for determination is as to whether a person, who has been charged and found guilty of offence under Section 10(m) of the CRPF Act, is liable to be awarded punishment of dismissal from service,” the court said and later responded the question in affirmative.
“…The petitioner being a member of CRPF could not overstay without permission. Absence from duty without leave for a member of the Force is a gravest misconduct,” the court said, adding, “Thus, the Disciplinary Authority was right in awarding punishment of dismissal from service. The punishment awarded against the petitioner is by no reason disproportionate.”
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