D.R.Chaudhary, J. - (1.) The petitioner herein was initially recruited on 1.7.1974 as a constable in 47, Bn. C.R.P.F. He proceeded on 60 days leave (15.1.1991 to 15.3.1991) duly sanctioned by the competent authority. His wife was ill and her treatment was going on at Primary Health Centre, Lar, Deorta. She was not cured during the leave period, hence the petitioner sent a registered letter on 14.3.1991 along with the Medical Certificate of his wife for extension of leave for one month more. The petitioner, allegedly, made another request for further extension of time. When the petitioner received no communication from the competent authority, he reported for duty on 4.5.1991 after having overstayed the 60 days of leave for 49 days. On 29.5.1991, the petitioner was required to appear before the Judicial Magistrate. 1st Class, for trial, who without affording opportunity of defence, passed an order convicting and sentencing the petitioner to undergo simple imprisonment till rising of the Court. On the same date, i.e., 29.5.1991, the petitioner was required to appear before the respondent No. 1 who, in exercise of his powers conferred under Section 12 (I) of C.R.P.F. Act, 1949 read with Rule 27 (c) (i) of C.R.P.F. Act, 1949, passed the impugned order of dismissal which according to the petitioner is violative of principle of natural justice as no opportunity to produce the defence was afforded to him by the respondents.
(2.) A counter-affidavit on behalf of the respondents has been filed to which the petitioner has filed the rejoinder-affidavit.
(3.) Heard Shri A.B. Singh, learned counsel for the petitioner and Shri Ajit Kumar Singh for the respondents.;