- (1.) HEARD learned counsel for the petitioner as well as Shri Sunil Kumar Chaudhary, Advocate, holding brief of Shri Shashank Shekhar Singh, leraned counsel for the respondents.
(2.) THIS writ petition has been filed by the petitioner challenging the order of removal from service dated 6.11.2000 as well as the order dated 19.7.2001 by which his appeal against the removal order has been dismissed. The petitioner has sought consequential relief of reinstatement w.e.f. 12.5.2000 with arrears of salary and other benefits.
(3.) THE petitioner was a Constable in the Central Reserve Police Force having been appointed in the year 1994. The petitioner was sent for 30 days earned leave from 18.12.1998 to 16.1.1999 with permission to avail leave on Sunday on 17.1.1999 on the ground of illness of his wife. He was expected to rejoin his duties on 18.1.1999 but he failed to do so. The petitioner availed the aforesaid leave and remained absent from 18.1.1999 to 25.3.1999. He was asked to report for duty vide order dated 23.1.1999 and 19.2.1999 but did not do so. A complaint was made on 18.1.1999 regarding his absence and accordingly a warrant of arrest was issued by the competent authority on 15.3.1999. On 25.3.1999, the petitioner on his own reported for duty at 12.30 hours. The petitioner intimated that he could not join his duties due to death of his wife. Consequent to his joining, the competent authority withdrew the case lodged against him earlier. However, vide letter dated 1.6.1999, the District Magistrate, Jhansi, the home district of the petitioner, was asked to verify the fact about the death of the petitioner's wife. The District Magistrate responded vide letter dated 7.9.1999 that Smt. Gita Devi, wife of the petitioner was still alive and was residing at her native place along with her two children. In view of the above, the petitioner was issued a charge sheet on 3.11.1999 containing two charges: firstly, overstaying the leave and absenting from 18.1.1999 till 25.3.1999,i.e., for 67 days showing indifference towards duty, and secondly, providing wrong information about the death of his wife thereby misleading the department.;