Central Administrative Tribunal - Kolkata
P Binoy vs Police on 11 March, 2025
1 OA. 351/00740/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
(CIRCUIT SITTING AT PORT BLAIR)
No. O.A. 351/00740/2024 Heard on : 21.02.2025
Date of order: 11.03.2025
Present : Hon'ble Ms. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
Shri P. Binoy,
Aged about (44) years,
Son of Late Patras Kullu,
HC/1081 (Removed),
Under the Andaman & Nicobar Police,
Resident of Delanipur,
Port Blair Tehsil,
South Andaman District.
..... Applicant
- VERSUS-
1. Union of India,
Through the Secretary,
Ministry of Home Affairs,
Govt. of India,
Central Secretariat,
North Block,
New Delhi - 110 001.
2. The Director General of Police,
Police Headquarters,
Atlanta Point,
Port Blair - 744 101.
3. The Superintendent of Police,
South Andaman District,
Port Blair - 744 101.
... Respondents
For the Applicant : Mr. Gopala Binnu Kumar, Counsel
For the Respondents : Dr. D. Chowdhury, Counsel
Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=
133598026844054409pZp0Sk77DU2VN1, Phone=
495dab51bd16f95eab3873746237af9545f09bb4143b
Shantanu af81a658d7fbc937c888, PostalCode=712223, S=West
Bengal, SERIALNUMBER=
1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812
Pramanik 359eaee8938da0637e, CN=Shantanu Pramanik
Reason: I am the author of this document
Location:
Date: 2025.03.11 18:40:25-07'00'
Foxit PDF Reader Version: 2024.3.0
2 OA. 351/00740/2024
ORDER
Per Ms. Urmita Datta (Sen), Judicial Member:
The instant Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:-
"A(i) An order be passed setting aside the Impugned Order Book No. 1305 dated 12.05.2023 passed by the respondent No. 3 (Disciplinary Authority) whereby the applicant was deserted from service under Rule 6.19 of the Andaman and Nicobar Police Manual, 1963 and the name of the applicant was struck off from the Roll of Andaman & Nicobar Police Rolls w.e.f. 14.04.2023 and Order Book No. 1575 dated 15.06.2023 whereby the respondent No. 3 confirmed the desertion order of the applicant and thereby the applicant was removed from the roll of the Andaman & Nicobar Police Rolls and the Order Book No. 2760 dated 31.07.2023 passed by the respondent No. 2 (Appellate Authority) whereby affirmed the order passed by the respondent No. 3 mechanically without application of mind and all consequential order/orders.
(ii) An order be passed directing the respondent authorities, particularly the respondent No. 2 and 3 to reinstate the applicant in service with all consequential service benefits B) An order be passed directing the respondent authorities to transmit the original records of the case before this Hon'ble court, so that after perusing the same conscionable justice may be rendered to the applicant.
C) Any other relief or relief's, order or orders, direction or directions as your Honor deem fit and proper."
2. The admitted facts that arise from pleadings are as under:-
The applicant was appointed as Constable under the Director General of Police, Police Headquarters vide Order Book No. 3880 dated 15.07.2002. After discharging official duties for more than 14 years, he was promoted to the post of Head Constable on 22.06.2016. During the year 2017, the applicant was posted as Head Constable at Police Station Humfrygunj, South Andaman.
While he was deployed in Wandoor Beach on 07.07.2017, he remained absent without intimation to the Station House Officer. He was issued with an "Absentee notice" on 17.07.2017 followed by desertion Notice dated 04.08.2017 under Rule 6.19(b) of the Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143b Shantanu af81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812 Pramanik 359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.03.11 18:40:25-07'00' Foxit PDF Reader Version: 2024.3.0
3 OA. 351/00740/2024 Andaman & Nicobar Police Manual, 1963 and thereafter vide Order Book No. 2400 dated 24.08.2017 reinstated in service with immediate effect. After his reinstatement in service on 24.08.2017, the applicant reported for duty before the Superintendent of Police, South Andaman District, Port Blair with all relevant documents. During the year 2023, while the applicant was posted at Police Station, Aberdeen, an "Absentee Notice" was issued on 24.04.2023 under Rule 6.19 of the Andaman & Nicobar Police Manual, 1963 due to the reason that he absented himself from duty on and from 14.04.2023. Subsequently, vide order dated 12.05.2023, he was declared as deserter from service under Rule 6.19 of the Andaman & Nicobar Police Manual, 1963 and his name was struck off from the Andaman & Nicobar Police Rolls w.e.f. 14.04.2023 and he was given a further opportunity to appear before the respondent No. 3 within 14.04.2023, failing which his desertion order was to be made absolute and his name was removed from the Roll of Andaman and Nicobar Police Rolls w.e.f. 14.04.2023. The respondent No. 3 confirmed the desertion order of the applicant on 15.06.2023 and removed the applicant from service thereby confirming earlier order dated 12.05.2023. Challenging the order dated 15.06.2023, the applicant preferred an appeal dated 05.07.2023 stating his family issues and tendering apology for his wrongdoings. The respondent no. 2 considered such appeal and rejected his appeal vide Order dated 31.07.2023 affirming the order passed by the Respondent No.
3. Thereafter, the applicant once again preferred a representation dated 07.08.2023 narrating his difficulties to appear before the Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143b Shantanu af81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812 Pramanik 359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.03.11 18:40:25-07'00' Foxit PDF Reader Version: 2024.3.0
4 OA. 351/00740/2024 competent authority and praying for reinstating him in service. However, the said representation was rejected by the Respondent No. 2 vide Memorandum dated 18.09.2023. The applicant would contended that admittedly, earlier, when he remained unauthorizedly absent from duty for a period of 223 days, his period of leave was treated as Loss a pay on the principal of "No Work No Pay", hence, the action of the respondent No. 2 and 3 in removing him from service is as such illegal and arbitrary.
3. The respondents have filed their reply wherein they have categorically stated that during his service tenure, the applicant was a habitual absentee from duties. They have further went on to say that while the applicant was posted at Aberdeen, Police Station at Port Blair he was absent from duty from 14.04.2024 (Afternoon) without any intimation and the respondents had also made a General Diary in the Aberdeen Police Station vide No. 54 dated 14.04.2023. An "Absentee Notice" was issued against the applicant dated 24.04.2023 with a direction to report for duty immediately at his place of posting along with his explanation for such absence, failing which he shall be declared as "Deserter" after completion of 21 days unauthorized absence under Rule 6.19 of A&N Police Manual, 1963. Such notice was duly served upon the applicant and a report was submitted by the SHO, PS Aberdeen vide letter dated 11.05.2023. However, the applicant remained absent from duty and did not report for duty and thus after completion of 21 days of unauthorized absence, a Desertion Notice was issued under Rule 6.19(b) of A&N Police Manual, 1963 and his name was struck off Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143b Shantanu af81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812 Pramanik 359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.03.11 18:40:25-07'00' Foxit PDF Reader Version: 2024.3.0 5 OA. 351/00740/2024 from the rolls of A&N Police Force w.e.f. 14.04.2023. He was also provided with an opportunity to appear before the Superintendent of Police, South Andaman and to explain for his reinstatement within 02 months from the date of his absence from 14.04.2023. In the said Order it was specifically mentioned that if the applicant failed to carry out the instructions, his name would be finally removed from the rolls of A&N Police Force w.e.f. 14.04.2023.
Despite such notice, the applicant neither appeared before the Superintendent of Police, South Andaman District nor had submitted any application showing valid reasons for his reinstatement. As such, after completion of 02 months of continuous unauthorized absence from duties, the Superintendent of Police, South Andaman District confirmed his Desertion and his name was finally removed from the rolls of Andaman & Nicobar Police Force w.e.f. 14.04.2023 vide order dated 15.06.2023. Upon receipt of appeal from the applicant dated 05.07.2023, the applicant was asked to appear before the Orderly Room for personal hearing, since he did not appear before the Appellate Authority, the order passed by the Disciplinary Authority was upheld by the Appellate Authority. His second appeal dated 04.08.2023 was also rejected vide Memorandum dated 18.09.2023. Thus the respondents have contended that due to his unauthorized absence from duty they have found the applicant to be incorrigible and unfit to be retained in a disciplined uniformed force, hence the O.A. needs to be dismissed.
Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143b Shantanu af81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812 Pramanik 359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.03.11 18:40:25-07'00' Foxit PDF Reader Version: 2024.3.0 6 OA. 351/00740/2024
4. The applicant has filed rejoinder wherein he has stated that since he met within an accident on 19.07.2023, he could not appear before the respondent No. 2 on 21.07.2023 for personal hearing. He would further add on to state that since he had worked for more than 20 odd years under the respondent No. 2, hence by taking the shelter of provision of Rule 6.19 of the Andaman and Nicobar Police Manual, 1963, without conducting a regular disciplinary proceeding only by giving an opportunity of hearing to him, the service of the applicant was terminated which is in violation to the principles of natural justice as also contrary to the provisions of Article 311(2)(b) of the Constitution of India. The Ld. Counsel for the applicant would also refer to a similar issue which cropped up before the Division Bench of the Hon'ble High Court (Circuit Bench at Port Blair) in WPCT No. 29/2024 relating to removal of a Constable invoking Rule 6.19 of the Andaman and Nicobar Police Manual, 1963 wherein the Hon'ble High Court vide Order dated 11.06.2024 had allowed the writ petition partially setting aside the impugned order of termination of the petitioner therein and remanded the matter back to the respondent authorities for imposing any lesser punishment to be meted out to the petitioner therein which would be proportionate to the offence of "Unauthorised" leave without explanation during the period stipulated in Clause 6.19 of 1963 Manual.
5. We have heard both the parties at length and perused the documents available on record.Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143b Shantanu af81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812 Pramanik 359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.03.11 18:40:25-07'00' Foxit PDF Reader Version: 2024.3.0
7 OA. 351/00740/2024
6. It is noted that admittedly the applicant was unauthorizedly absent and "Absentee Notice" was issued against him on 24.04.2023 with direction to report for duty immediately at his place of posting i.e. Police Station, Aberdeen along with explanation for unauthorized absence, failing which he would be declared as deserter after completion of 21 days unauthorized absence under Rule 6.19 of the Andaman & Nicobar Police Manual, 1963 vide "Absentee Notice" dated 24.04.2023. However, though the absentee notice was served upon the applicant, he remained absent from duties and after completion of 21 days of alleged unauthorized absence, a desertion notice was served upon him and his name was struck off from the roll of Andaman & Nicobar Police Force w.e.f. 14.04.2023 with an opportunity to the applicant to appear before the Superintendent of Police, South Andaman with explanation for reinstatement within two months from the date of commencement of his absence from 14.04.2023 vide order dated 12.05.2023. In the said Order, it was specifically mentioned that failing to do so, his name would be finally removed from the Andaman & Nicobar Police Force which was received by him on 15.05.2023 (Annexure A-7 & A-8). However, despite receipt of the desertion order dated 14.05.2023, the applicant neither appeared before the Superintendent of Police, South Andaman District nor submitted any representation for his reinstatement with valid reasons. Subsequently, after continuous two months of unauthorized absence, his desertion Order was affirmed under Rule 6.19(b) of Andaman & Nicobar Police Manual, 1963 and the applicant was Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143b Shantanu af81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812 Pramanik 359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.03.11 18:40:25-07'00' Foxit PDF Reader Version: 2024.3.0 8 OA. 351/00740/2024 finally removed from the rolls of the Police Force with the date of his unauthorized absence i.e. from 14.04.2023 vide Office order dated
15.06.2023 (R-9) which was received by him on 19.06.2023. Thereafter the applicant filed an appeal on 05.07.2023 to the Director General of Police, Andaman & Nicobar Island to permit him to resume his duties. It is further noted that though the Director General of Police, A&N Islands directed the applicant to appear before him, but he did not appear before the Appellate Authority. Therefore, the Director General of Police, A&N Islands being the Appellate Authority had rejected the appeal dated 05.07.2023 and upheld the Order of his Desertion passed by the Disciplinary Authority vide his Order Book No. 31.07.2023 (R-13) though at the disciplinary stage the applicant did not join the duty in order to make an application. However, the applicant had again submitted one application dated 04.08.2023 which was rejected vide Order dated 18.09.2023 (Annexure A-14 & A-15). Though as per the applicant, the administration only invoked the provision of Rule 6.19 of Andaman & Nicobar Police Manual, 1963 without conducting regular disciplinary proceedings by giving him an opportunity of hearing, his service has been terminated, which is contrary to the provisions of Article 311(2)(b) of the Constitution of India and in support of his case he has placed one judgment dated 11.06.2024 passed in WPCT No. 29/24 (Ramu Sekhar v. Union of India & ors.).
Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143b Shantanu af81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812 Pramanik 359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
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7. We have gone through the application for resumption of duty to the Director General of Police dated 05.07.2023 (Annexure A-11), wherein the applicant has stated, inter alia, as under:-
"Most respectfully I, P. Binoy HC/1081 posted at PS Aberdeen would like to bring a few lines for your kind consideration please. That Sir, I was absent from my duty since 14.04.2023 and an Absentee Notice was issued to me vide Notice No. SP(D)/SA/Estt./Folio/2023/2153 dated 24.04.2023. However, due to the critical family issues which I am going through since long back, I was under tremendous mental agony and depression and was unable to come out or solve these issues. Thereafter, an Order of desertion was issued vide OB No. 1305 dated 12.05.2023 (Copy enclosed) and finally vide OB No. 1575 dated 15.06.2023 (Copy enclosed) my name was removed from the rolls of A&N Police force w.e.f 14.04.2023.
That Sir, I would like to again inform that my family issues have aggravated a lot and is now beyond my control. However, Sir, I regret for the huge mistakes I have made and beg pardon of yours and request you to kindly excuse me for my mistakes with the assurance that I will not repeat it in future.
I therefore, request your goodself to kindly consider my application on humanitarian ground and permit me to resume my duty as before. Further, I also request to adjust my absent period with the available leave on account for which I will ever be grateful to you."
8. However, from the perusal of the O.A. as well as the reply, it is noted that the applicant was a habitual absentee, though he was appointed in the year 2002, which would be evident from the statement of unauthorized leave and account taken against him:-
Sl. No. Period of No. of days Period treated as unauthorized absence
1. 30.10.2016 to 04 days EOL vide OB No. 2943 02.11.2016 dated 22/11/2016.
2. 07.07.2017 to 49 days Declared as a "Deserter"
24.08.2017 vide OB No. 2221 dated
04/08/2017. However,
reinstated into service
w.e.f. 24/08/2017 vide
OB No. 2400 dated
24/08/2017. Absent
period treated as loss of
pay and punishment
imposed to stoppage of
Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143b Shantanu af81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812 Pramanik 359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.03.11 18:40:25-07'00' Foxit PDF Reader Version: 2024.3.0 10 OA. 351/00740/2024 increment for the period of one year vide OB No. 2383 dated 15.10.2019.
3. 29.12.2017 to 10 days 07.01.2018
4. 29.01.2018 to 52 days 21.03.2018
5. 24.04.2018 to 03 days 26.04.2018
6. 27.04.2018 to 22 days 18.05.2018
7. 05.06.2018 to 02 days 06.06.2018
8. 11.07.2018 to 10 days A Departmental Enquiry 20.07.2018 was conducted. The
9. 17.08.2018 to 17 days period of his 02.09.2018 unauthorized absence
10. 08.09.2018 to 08 days was treated as Loss of Pay 15.09.2019 vide O.B. No. 543 dated
11. 16.09.2018 to 11 days 23.03.2021.
26.09.2018
12. 23.11.2018 to 12 days 04.12.2018
13. 21.01.2019 to 14 days 03.02.2019
14. 30.05.2019 to 20 days 18.06.2019
15. 25.06.2019 to 14 days 08.07.2019
16. 13.07.2019 to 11 days 23.07.2019
17. 11.09.2019 to 13 days 23.09.2019
18. 26.01.2020 to 17 days 11.02.2020
19. 15.03.2020 to 25 days Treated as Loss of Pay 08.04.2020 vide O.B. No. 1029 dated
20. 10.07.2020 to 35 days 17/06/2021.
13.08.2020
21. 07.04.2021 to 14 days 20.04.2021
22. 04.11.2021 to 12 days 15.11.2021
23. 10.12.2021 to 03 days 12.12.2021
24. 03.01.2022 to 13 days Treated as Loss of Pay 15.01.2022 vide O.B. no. 2301 dated
25. 20.02.2022 to 20 days 24/08/2022.
01.03.2022
26. 28.03.2022 to 18 days 14.04.2022 Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143b Shantanu af81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812 Pramanik 359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
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27. 12.06.2022 to 37 days Declared as a "Deserter"
18.07.2022 vide O.B. No. 1888 dated 07/07/2022. However, reinstated into service w.e.f. 19.07.2022 vide O.B. No. 1999 dated 21.07.2022 and treated the period of unauthorized absence as Loss of Pay vide O.B. No. 143 dated 25.01.2023 by imposing a minor penalty of "Black Mark".
28. 14.09.2022 to 50 days Declared as P.E has 02.11.2022 "Deserter" been vide O.B. No. intimated 2693 dated on 07.10.2022 13.04.2023 and reinstated into service w.e.f.
02.11.2022
(A/N) vide
O.B. No.
2975 dated
11.11.2022
29. 15.11.2022 to 41 days Availed
25.12.2022 medical rest
but, failed to
submit
medical
fitness
certificate
30. 28.12.2022 to 20 days Issued
16.01.2023 absentee
notice vide
No. 259
dated
16.01.2023
31. 20.01.2023 to 61 days Declared as
21.03.2023 "Deserter"
vide O.B. No.
457 dated
16.02.2023
reinstated
into service
w.e.f.
21.03.2023
(A/N) vide
O.B. No. 940
Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143b Shantanu af81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812 Pramanik 359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.03.11 18:40:25-07'00' Foxit PDF Reader Version: 2024.3.0 12 OA. 351/00740/2024 dated 06.04.2023.
9. From the above, it is noted that he was served with Memorandum of Charge dated 24.03.2018 and proper departmental inquiry was held and the respondents had regularized the same by treating loss of pay by OB dated 17.06.2021. Again his unauthorized absence was treated as loss of pay vide Order dated 20.04.2021 followed by another spell of unauthorized absence whereby he was declared "Deserter" on 07.07.2022. However, his reinstatement into service w.e.f. 19.07.2022 vide Order dated 21.07.2022 treating the period of unauthorized absence as loss of pay by Order dated 21.04.2022 by imposing a minor penalty of "black mark" again he was declared "Deserter" for 50 days and PE has been initiated on 13.04.2023 followed by another 41 days and 20 days and61 days during the year 2022-2023. Therefore, he cannot claim that there is a violation of natural justice. Even, he was asked to appear before the authority for explanation. However, after the confirmation of the desertion, as per the Police Manual which is still in vogue, he has only made an application on the ground that he is having some family problems, therefore, he cannot join his duties without any detail or proper explanation whereas from the perusal of the case of Ramu Sekhar (supra), it is noted that in the aforesaid Order the Hon'ble High Court observed inter alia as under:-
"the petitioner cannot be labelled with the stigma of having "deserted in the true sense of term, since he had all along being discharging his duties as a permanent employee and there has been no previous instance of misconduct to show that he was indisciplined in the true sense of the term. The absence of the petitioner was merely a fallout of Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143b Shantanu af81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812 Pramanik 359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.03.11 18:40:25-07'00' Foxit PDF Reader Version: 2024.3.0 13 OA. 351/00740/2024 his continued physical infirmity and as such the punishment meted out to him was harsh and disproportionate to the offence of the said unauthorized absence In such view of the matter, we are of the opinion that the respondent authorities ought to have meted out lesser punishment to the petitioner instead of dismissing him from service outright In view of above observations, WP.CT/29/2024 is allowed partially, thereby setting aside the impugned order of termination of the petitioner and remanding the matter to the respondent authorities for the purpose of considering any lesser punishment to be meted out to the petitioner, proportionate to the offence committed by him in having taken "unauthorized leave without explanation during the period stipulated in Clause 6.19 of 1963 Manual.
No order as to costs."
Therefore, the instant case is quite distinguishable from the above mentioned case as observed above.
10. Therefore, we do not find any reason to interfere with the decision taken by the authorities.
11. The O.A. is dismissed being devoid of merits. There shall be no order as to costs.
(Suchitto Kumar Das) [Urmita Datta (Sen)] Administrative Member Judicial Member sp Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143b Shantanu af81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812 Pramanik 359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.03.11 18:40:25-07'00' Foxit PDF Reader Version: 2024.3.0