Justice Jayanta Kumar Biswas - (1.) THE petitioner in this WP under art.226 dated August 23, 2011 is questioning his dismissal from service. The petitioner was working in the CRPF as an S/K. By an order dated March 4, 2006 the Officer Commanding (H.Q.) Coy, 138 Bn, CRPF granted him earned leave from March 06, 2006. On expiration of the leave period he was to report for duty on April 04, 2006. He failed to do so and did not give any intimation for overstaying the leave period.
(2.) THE Commandant, 138 Bn, CRPF issued a charge -sheet dated April 26, 2007 that by overstaying the sanctioned leave he committed a misconduct under s.11(1) of the Central Reserve Police Force Act, 1949. The charge -sheet was sent to his recorded home address by registered post. The post office concerned sent it back writing that he was always found out of home. Steps were taken for serving the charge -sheet through the police station within whose territorial limits the petitioner's residence was located. Steps were also taken for serving the charge -sheet through the Superintendent of Police of the district concerned. Warrant of arrest was issued by the Chief Judicial Magistrate -cum -Commandant, 138BN, CRPF requesting the Superintendent of Police, Patna to arrest and produce the petitioner. Nothing could bring the petitioner back to the Unit.
(3.) THE Commandant initiating the minor punishment proceeding appointed an officer for conducting the inquiry. The officer submitted his findings that the charge was established. Accepting the findings, the Commandant passed the final order dated September 11, 2007 (WP p.43) inflicting the penalty of dismissal from service with effect from September 11, 2007. The petitioner maintaining silence from April 04, 2006 surfaced with a lawyer's letter dated October 21, 2009 (WP p.38) to the Commandant.;