“We Have To Take Sympathetic Approach”- Patna HC Sets Aside Dismissal Of CRPF Constable Being Absent From Duty To Take Care Of Mother Diagnosed With Cancer
The Patna High Court set aside the dismissal order against the CRPF (Central Reserve Police Force) Constable who was absent from his duty to take care of his mother as she was diagnosed with cancer.
The Court was deciding a Letters Patent Appeal (LPA) preferred against the order of the Single Judge by which the writ petition of the said CRPF Constable was dismissed.
A Division Bench of Justice P.B. Bajanthri and Justice Alok Kumar Pandey observed, “In the present case, the appellant is found to be absent from duty and he gave explanation that his mother was diagnosed with Cancer and he had applied leave for treatment of his mother and it was beyond his control. Keeping in view all the facts and circumstances of the case, we are very much conscious of the fact that absence of the appellant from duty cannot be equated with the person who is said to be unauthorized absence from his duty. On the said score, dismissal of appellant from service is totally disproportionate to the conduct committed by the appellant. For the end of justice, we have to take sympathetic approach towards the appellant in the given facts and circumstances of the case that appellant has reason to leave the place of posting.”
Advocate Mrigank Mauli represented the appellant while ADSG S.D. Sanjay represented the respondents.
In this case, the appellant joined the services of CRPF in 2010 as a Constable. In 2012, he made an application for grant of earned leave as his mother was diagnosed with cancer and he was required to attend her medical needs. He was directed to report to the Unit Headquarters and then it was discovered that he deserted the same without any sanctioned leave. It was further averred that he sent representation on various dates for extension of his leave through postal service but he was declared absconder on account of absence from duty from May 23, 2012 to December 4, 2012 without any sanctioned leave for the period of 196 days.
Such alleged unauthorized absence of the appellant from his duty led to initiation of departmental inquiry. Thereafter, the disciplinary authority passed an order of dismissal in 2013 and against this, the appellant filed an appeal before the Appellate Authority. However, the same was dismissed and hence, he filed revision before the Revisional Authority but it was also dismissed. Being aggrieved, he approached the Single Judge of the High Court and as his plea was dismissed, he was before the Division Bench.
The High Court in view of the above facts noted, “Keeping in view the discussions made above, the appellant has made out a case so as to interfere with the order of the learned Single Judge dated 01.04.2019 passed in CWJC No. 12185 of 2014.”
The Court also took note of the fact that the appellant produced documents regarding treatment of his mother in support of his contention that his mother was suffering from cancer but the said documents were not taken into account either by any of the respondent authorities or by the Single Judge. It added that the appellant forwarded application for extension of leave on many occasions on the ground that his mother was suffering from cancer but the same was either accepted or rejected.
“The concerned respondents are hereby directed to reinstate the service of the appellant and regulate services in accordance with law including extending monetary benefits to the appellant and his unauthorized absence be treated as leave in his credit as per provision applicable in the case of appellant, while imposing any of the minor penalty. The above exercise shall be undertaken within a period of three months from the date of receipt of this order”, it directed.
Accordingly, the High Court allowed the LPA, set aside the order of the Single Judge, and also set aside the dismissal order.
Cause Title- Sumit Kumar @ Sumit Kumar Tiwary v. The Union of India & Ors.
Appearance:
Appellant: Advocates Mrigank Mauli and Sanjay Kumar.
Respondents: ADSG S.D. Sanjay
