A Delhi court has directed the Union Home Ministry to reinstate a Central Industrial Security Forces constable,sacked 15 years ago allegedly for going AWOL (absent without official leave) for a long period.
Senior Civil Judge Ajay Goel ordered Constable Krishan Kumars reinstatement,saying the principle of natural justice was violated in his removal as he was sacked without having been served notice or given an opportunity to respond. The court asked the CISF Inspector General and Deputy Inspector General to reinstate him with full back wages at an annual interest of ten per cent and other consequential benefits.
It is made out that Kumar was not served the notices or charge-sheet and the inquiry proceedings were illegally conducted ex-parte against him, the court said.
It is held the principles of natural justice have been violated and the order of removal and orders passed by appellant authority are held to be illegal,null and void, the judge said.
Kumar was recruited as constable under sports quota in the CISF and was asked to prepare for competitions in wrestling. In his plea to the court for restoration of his job,he said in April 1996,during his posting with CISF unit NFL,Nayal Nangal,Punjab,he fell ill due to excessive workload.
He said he informed officials of the Central Wrestling Team about his ailment. He said as his health kept deteriorating,he kept requesting for extension of leave. In February 1997,his superior told him that he had been removed from services after an ex-parte inquiry.