IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.192 of 2010 In Civil Writ Jurisdiction Case No. 15983 of 2009 ====================================================== 1. Ganesh Kumar Singh S/O Sri Brij Nandan Singh R/O Vill Fatehpur, P.S Raghopur, Distt- Vaishali … Petitioner .... Appellant/s Versus 1. The Union Of India Through The Ministry Of Home Affairs, New Delhi 2. The Director General Of C.R.P.F., C.R.P.F. Head Quarters, New Delhi 3. The Inspector General Of Police, C.R.P.F. Sector Keshogiri (P.O), Hydrabad) 4. The Dig, C.R.P.F., Hydrabad 5. The Commandant, 130 Bn, C.R.P.F., Matura (U.P.) 6. The Deputy Commandant Directorate, C.R.P.F. Block No.1, Head Quarter, New Delhi … .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Subodh Kumar Jha, Advocate For the Respondent/s : Mr. Mithilesh Kr. Rai, Sr. CGC Mr. Shiv Kumar, CGC ====================================================== 5 24-11-2011 Heard the parties. By the order under appeal dated 23.11.2009 writ petition preferred by the appellant bearing CWJC No.15983 of 2009 has been dismissed summarily. In the order under appeal the Writ Court has noticed that the appellant was serving the CRPF as constable (general duty) and on account of unauthorized absence for 70 days, he was subjected to a disciplinary proceeding. Due to non- participation of the appellant in the enquiry, ex parte enquiry was held. In the meantime, the appellant joined the Force but was again deserted and did not file any written defence. A plea was Patna High Court LPA No.192 of 2010 (5) dt.24-11-2011 2 taken subsequently that he was mentally ill and not in a position to file written defence. The Writ Court has not accepted such a plea because no information about mental illness was given to the authorities of the Force even by his other family members. It was also noticed that the dismissal order has been affirmed in appeal and revision. Learned counsel for the appellant first submitted that the holding of ex parte enquiry was bad in law because as a fact no notice was given to the appellant. In reply, learned counsel for the Union of India has submitted that there is categorical statement in the counter affidavit that notices were given to the appellant and his own conduct in not filing a written defence even when he joined after some time shows that he was not at all interested in participating in the enquiry or taking any defence. In our considered view, the conduct of the appellant in not participating in the enquiry even when he joined the Force some time before deserting it again and not filing any written defence during that period, supports the contention of learned counsel for the Union of India. The other plea advanced on behalf of the appellant is that the punishment of dismissal from service is disproportionate to the gravity of the charge of unauthorized absence of 70 days. In Patna High Court LPA No.192 of 2010 (5) dt.24-11-2011 3 reply, learned counsel for the Union of India has submitted that in paragraph 6 of the counter affidavit it was disclosed that the appellant is in habit of proceeding on unauthorized leave. Paragraph 6 discloses that the appellant joined the Force on 31.7.1993 and he overstayed the permitted leave by 42 days between October and December 2002. He once deserted the Force on 5.12.2002 and remained absent for 70 days. He joined and again deserted on 17.3.2003. Such facts have been mentioned in the counter affidavit only to counter the claim of the appellant that he has discharged his duties to the fullest satisfaction of the authorities. When a Constable in a uniformed service chooses to desert the Force as per his will, it is difficult to rely upon such a Constable. Duties as a member of the uniformed service require high degree of discipline and devotion to duty. Hence, in our considered view, the punishment is not such which can shock the judicial conscience of this Court. Hence, we find no good ground to interfere with the order under appeal. The appeal is dismissed. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)