R.R.PRASAD, J. - (1.) THIS application is directed against the order passed by Senior Commandant, CISF, CCL Unit, Kargali, respondent No. 2 on 4.9.2002 as contained in Annexure 3 whereby the petitioner was dismissed from the service. The appellate order as well as order passed in revision as contained in Annexures 4 and 5 of the writ application upholding the order of dismissal have also been sought to be quashed. Alternatively it has also been prayed to direct the respondent to allow the petitioner to retire voluntarily in case petitioner fails to make out a case of reinstatement as order of termination is disproportionate to minor charge of being absent from the duty unauthorizedly.
(2.) THE fact of the case is that the petitioner while working as Havildar, CISF, CCL Unit, Kargali, was granted casual leave for five days with effect from 12.12.2001 to 23.12.2001 but on 24.12.2001 he did not resume his duty. Therefore, he was called upon to resume his duty through several notices but the petitioner never made any response and, therefore, departmental proceeding was initiated wherein charges were framed which read as follows: i. Since 24.12.2001 you have been over -staying without any permission from the competent authority and thereby being member of the disciplined force, it is an act of indiscipline, misconduct and lack interest in discharging the duties. ii You had earlier over -stayed without any permission for about 156 days for which you had earlier been punished but in spite of that, you did not mend your ways and this fact may take into account if you are found guilty. The memorandum of charge was sent to native place of the petitioner under registered post with a direction to submit his written reply but he refused to receive the same. However, thereafter memorandum of charge was served upon the petitioner through special messenger on 24.4.2002 but even then, he did not submit his reply. Therefore, Disciplinary Authority appointed Enquiry Officer, who sent several letters to the petitioner asking him to attend the enquiry but the petitioner did not pay any heed to it. The Enquiry Officer then left with no option conducted enquiry ex -parte and submitted his enquiry report holding the petitioner guilty for both the charges. Thereafter enquiry report along with statement of all the witnesses was sent to the petitioner through special messenger with a direction to file his representation. Upon it, representation was filed before the Disciplinary Authority and the Disciplinary Authority after taking into consideration the representation, passed the order as contained in order No. 1277 dated 4.9.2002 (Annexure 3) whereby petitioner was dismissed from service.
(3.) AN appeal preferred against the order of dismissal and also revision preferred against the appellate order was rejected.;