TAPEN SEN, J. - (1.) HEARD Mr. V. Shivnath, learned counsel for the petitioner and Mr. M.M. Prasad, learned counsel for the respondents.
(2.) THE petitioner, a constable of the Central Industrial Security Force, Unit Bokaro Steel Plant was charged for the following acf s of misconduct : - - (a) Not turning up for C shift duty from 9 p.m. of 25.7.1998 to 5 a.m. of 26.7.1998. For such absence, he did not furnish any information nor did he obtained permission of the competent authority; (b) Talking in an indisciplined manner at 9.15 p.m. of 25.7.1998 in the office and refusing to go for medical examination when ordered by senior officers; (c) Deserting the lines at 4.45 a.m. of 26.7.1998 and continuing the same without any leave/permission; and (d) Being an habitual offender of committing various offences and being incorrigible in nature inspite of the deterrent punishment awarded to the petitioner during his past service. From the final order of removal as contained at Annexure 2 dated 30.1.1999 it is apparent at the very introductory paragraph that a charge -sheet for the aforementioned charges were issued on 20.8.1998. At paragraph 5 infra of the same order it is mentioned thus : - - "During the course of departmental enquiry, the above unauthorized absence of charged official with effect from 26.7.1998 to 22.10.1998 for 88 days has been established."
(3.) THIS Court does not understand as to how the period beyond 20.8.1998 (i.e. the date of issuance of the chargesheet) stood stretched up to 22.10.1998. There is no chargesheet that he was absent up to 22.10.1998 but in relation to this charge, the Disciplinary Authority says that he was unauthorizedly absent from 26.7.1998 to 22.10.1998. In the chargesheet, it is mentioned that the petitioner "deserted unit lines at 0445 hrs. on 26.7.1998 and continuing the same till date" "Till date" therefore, means that till date of issuance of the chargesheet and the chargesheet was issued on 20.8.1998. In that view of the matter giving a finding that the petitioner was absent for eighty eight days appears to be a finding for which there was no chargesheet.;