SANJEEV PRAKASH SHARMA,J. - (1.) The petitioner had been appointed as a Constable/GD on 12.4.1998 and was posted in 97 Battalion CRPF. He was served with a charge sheet on 25th January, 1999, wherein an enquiry under Rule 27 of the CRPF Rules, 1955, was to be conducted against him with regard to two charges; first charge was with regard to remaining absent from sanctioned leave w.e.f 10.11.1998 to 17.12.1998, total 38 days, without proper permission from the competent authority and having reported at his own on 18.12.1998; and the second charge was with regard to disobedience of legitimate order of the competent authority directing him to re-join and instead having remained by overstaying of leave from 10.11.1998 to 17.12.1998. In this matter, he had committed misconduct under Section 11(1) of the Act of 1949 and Rule 27 of CRPF Rules of 1955.
(2.) On the receipt of the aforesaid statement of allegations, the petitioner submitted his reply and pointed out that his wife was seriously unwell and for the said reason he had applied for leave on 14th September 1998. However, he was sanctioned leave vide order dated 12.10.1998 w.e.f 20.10.1998 to 09.11.1998. It was further stated that on 3rd November, 1998, his elder uncle (brother of his father) had expired and after conducting the last funeral of his uncle, when the petitioner returned back to his home on 15th November, 1998, he came to know that his niece, who was of very young age about nine years, had also expired.
(3.) Learned counsel for the petitioner submitted that on account of two deaths within a short spell, he lost his mental balance and after realization, he proceeded for his duty on 13.12.1998 and reported on 18.12.1998. The period between 13.12.1998 to 18.12.1998 spent on journey. It was, therefore, prayed by the petitioner that his overstaying of leave may be extended. However, the respondent conducted the enquiry and the enquiry officer submitted his report accepting the aforesaid application as acceptance of guilt.;