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WA 335/2015. Gauhati High Court

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Case NumberWA 335/2015
Judgement DateFebruary 27, 2021
CourtGauhati High Court

IN THE GAUHATI HIGH COURT

(The High Court of Assam: Nagaland: Mizoram & Arunachal Pradesh)

WA No. 335/2015

Md. Faruk Ahmed Laskar …… Appellant

-versus-

The Union of India & Ors. …… Respondents

BEFORE

HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE MANOJIT BHUYAN

For the Appellant : Mr. D.P. Chaliha, Senior Advocate.

For the State Respondent : None has appeared.

Date of Hearing & Judgment: 27.02.2017.

JUDGMENT & ORDER (ORAL)

(Manojit Bhuyan, J.)

The appellant while employed as Constable at E. Coy. 49th Bn. CRPF

was proceeded against under the provisions of the CRPF Act, 1949 and the CRPF Rules, 1955. Charge No.1 related to his deserting the Force while performing attached duty (QRT) leaving his arms and ammunitions at the line on

02.12.2006 without taking permission from any competent authority and turning up again on 23.12.2006, thereby committing offence of duty negligence, indiscipline and insubordination as per Section 11(1) of the CRPF Act, 1949. The Charge No.2 related to his absence from duty on different occasions without taking the permission and for deserting the Force, thereby committing the

offence of insubordination etc. as contained in Section 11(1) of the CRPF Act, 1949. The details relating to Charge No.2 are as follows:

“1) Availed 15 (fifteen) days casual leave w.e.f. 8.1.2003 to

27.1.2003 but reported after remaining absent for 112 (one hundred twelve) days.

2) Availed 15 (fifteen) days paternity leave w.e.f. 13.07.2003 to 27.7.2003 but reported remaining absent for 22 (twenty two) days.

3) Availed 30 (thirty) days Earned Leave w.e.f. 7.10.2005 to

6.11.2005 but reported after remaining absent for 23 (twenty three) days.

4) Availed 10 (ten) days casual leave w.e.f. 27.2.2006 to

9.3.2006 but reported after remaining absent for total 7 (seven) days.

5) On 16.8.2006 he obtained permission for local holiday but reported his joining after 2 (two) days of absence.

6) At 1100 hrs. On 4.1.2006 leaving arms and ammunitions, allotted to him for duty, in the Line instead of handing over to anybody and without taking permission from competent authority he deserted the camp and returned at 1945 hrs. On 6.1.2006.

7) While on G.M.C. Guard duty for 3 (three) days w.e.f.

17.2.2006 to 19.2.2006 he deserted the force without taking permission from any competent authority.

8) He again deserted the camp for 9 (nine) days w.e.f.

6.10.2006 to 15.10.2006 and turned up at 1200 hrs. On

15.10.2006.”

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