IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 10254 of 2005 Raja Ram Yadav, son of Late Mahabir Yadav, resident of village – Mirchaibari, P.O. & P.S. – Katihar, District – Katihar ……………………… Petitioner Versus 1. Union Of India through Secretary, Home Ministry, Government of India, New Delhi 2. Deputy Inspector General, C.R.P.F., Mokamah, District – Patna 3. Additional Deputy, I.G.P., C.R.P.F., Mokamah Ghat, District – Patna 4. Commandant-21, B.N. C.R.P.F., Tinsukhia, Assam …………………. Respondents ---------------------------------- For the Petitioner: Mr. Rajesh Bhardwaj, Advocate For the U.O.I.: Mr. Sanjay Kumar Pandey, CGC *********** 04. 20.12.2011 Heard learned counsel for the petitioner and the counsel appearing for the Union of India. Petitioner is a dismissed Constable from the C.R.P.F. He has challenged the order of dismissal passed by Chief Judicial Magistrate-cum-Commandant-21 BN, C.R.P.F., Tinsukia (Assam) as well as the appellate order, passed by the DIG, C.R.P.F. at Patna in Bihar. The background under which the petitioner was proceeded departmentally is based on a set of facts that the petitioner was deployed in North-East, when he was granted 15 days casual leave w.e.f. 12.03.1994 to 31.03.1994. After expiry of the leave, he over-stayed leave without permission of the competent authority till he decided to surrender on 09.04.1995 on his own will. On surrender, petitioner was charged under section 10 (M) of the C.R.P.F. Act, 1949 and produced before the Court of Chief Judicial Magistrate-cum-Commandant-21 BN, C.R.P.F. at Tinsukia (Assam). The petitioner was furnished the charge, the list 2 of witnesses and he was directed to appear before the authority to defend himself. Petitioner accepted his guilt. But despite the same, authorities decided to conduct an enquiry by giving him yet another opportunity. Evidence was produced with regard to authorization of casual leave to the petitioner and his prolonged absence of 374 days. There is no dispute on the count that the petitioner had over-stayed his leave by almost a year and the explanation offered by him is that he suffered a series of personal setbacks by way of certain deaths in his family including the fact that he was afflicted by Chicken Pox. The explanation offered by the petitioner was not supported by any definitive evidence on this count. Respondent-authorities had received only one communication from the petitioner asking for extension of the leave by 60 days. There was no acceptance or authorization of the period of unauthorized leave. The respondents took a lenient view with regard to the claim for explanation of the unauthorized leave by 60 days, but still a long period of time stood unexplained. Simplicity of explanation offered by the petitioner may not impress this Court, especially taking into consideration that petitioner was posted in a sensitive area with responsibility and such prolonged absence from a disciplined force will surely be detrimental not only to the interest of the organization but the responsibility which the petitioner is expected to show in such organization. Except for some wishy-washy explanation coupled with the fact that it is a case prolonged absence from duty without authorization, the respondents did no wrong in not only awarding 3 of simple imprisonment of 25 days but also dismissing him from service thereafter due to conviction. Petitioner was appointed on the post in the year 1988. It is not even a case that petitioner had a long period of service behind him. If that would have been the case, the Court may have considered the matter from the point of view of imposing yet another punishment on the ground of punishment being disproportionate. But in the totality of the matter including the fact that there is evidence to show that petitioner was habitual in matter of over-staying leave, obviously petitioner is not cut-out for the job, which was assigned to him. The Court is not inclined, therefore, to interfere with the impugned orders as no legal infirmity emerges. Accordingly, the writ is dismissed. SKM (Ajay Kumar Tripathi, J.)