EX CONSTABLE NAGRAJ S/O JHOOTA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this OA has been challenged punishment of dismissal from service on the charge of unauthorized and wilful absence without any intimation/prior permission of the competent authority after transfer. It was alleged that applicant had remained absent in this manner from 17.5.2001 to 9.5.2002. Applicant has sought quashment of the impugned orders by which applicant was dismissed from service and reinstatement in service with all consequential benefits.

(2.) The learned Counsel of applicant has challenged the disciplinary proceedings against applicant resulting in the punishment of dismissal from service on the following grounds:

(3.) IN regard to the contention of applicant that previous bad record of applicant did not constitute a specific charge, and as such, it could not have been taken into consideration by the authorities for imposing punishment of dismissal from service, the learned Counsel submitted that the authorities have not committed any violation of Rule 16(xi) as well as of Article 311(2) of the Constitution, as applicant was provided full opportunity of defence.