- (1.) HEARD Mr. Alok Kirti Mishra, leaned counsel for the petitioner as well as Mr. Sandeep sharma, learned Central Government Counsel.
(2.) THE petitioner has challenged the order dated 02nd of June 2012 passed by the Commandant, 62nd Battalion, Central Reserve Police Force, Ambikapur, Sarguja (Chhatisgarh), the order dated 19.09.2012 passed by the Deputy Inspector General of Police, Central Reserve Police Force, Range Rampur U.P. rejecting the petitioner's appeal filed against the order of punishment dated 04.03.2013 passed by the Inspector General of Police, Central Reserve Police Force, Central Sector Lucknow rejecting the Revision filed against the order of appeal.
(3.) THE charge against the petitioner is that on transfer the petitioner was relieved on 10.08.2010 to join the duties at the transferred place i.e. at Rampur and accordingly he was to report the duty on 11th of August 2010, but he failed to join the duty and remained absent from duty for 530 days i.e. from 11.08.2010 to 22.01.2012 unauthorizedly. Therefore he was declared as absconded and the disciplinary proceedings was initiated against him. In furtherrance thereof the charge sheet was sent to his home address through registered post, but he did not submit any reply. Therefore, the Inquiry Officer concluded the inquiry exparte and submitted a report to the Disciplinary Authority for final decision. The Disciplinary Authority again issued a show cause notice dated 11.05.2012 to submit reply within fifteen days, but he failed to submit any reply. Therefore, ultimately the Disciplinary Authority having been found the charges proved removed him from service. The learned counsel for the petitioner submits that after relieving from duty he joined at Rampur, the petitioner during the traveling period proceeded to his village after taking the permission, where he fell seriously ill and was advised to complete bed rest. Thus he undergone the treatment during this period. During his illness the petitioner sent an information to the opposite party No.3 vide an application dated 21.06.2010 and also provided Medical certificate dated 21.08.2010, 09.09.2010 and 04.10.2010 through speed post. Earlier he was taking treatment with local doctor, but when he could not get the relief he rushed to get the treatment of another doctor at district level. While the petitioner was taking treatment on 17.06.2011 a warrant of arrest was issued to him, but it was not served to him. Whereas the petitioner without having any information of such warrant of arrest reached Battalion on 21.01.2012 and then only he came to know about warrant of arrest and moved an application for cancellation of the same which was cancelled vide order dated 30.01.2013. Thus he takes excuse of his absence on the ground of his illness for the long period.;