CRPF constable absent for over 6 months: Chhattisgarh High Court upholds removal

“The petitioner, being a member of a disciplined and armed force, cannot be permitted to remain absent from duty on untenable or frivolous grounds, particularly keeping in view the nature of the duties entrusted to such forces. Any leniency towards such conduct is likely to have an adverse impact on the discipline and functioning of the force,” it added. 

The high court on September 9 was hearing a plea filed by a 34-year-old man challenging the CRPF orders that led to his removal from service in 2018 and pointed out that such conduct assumes “greater significance” when the person is a member of the force and held that his removal from service was not “excessive or disproportionate”.

Removed from service in 2018 

The man claimed that he was initially appointed as a constable in March 2009. After completing more than eight years of service, he became a permanent employee.

He was granted one month’s medical leave from February 13 to March 14, 2017. When his condition did not improve, he sought a further six months’ leave and submitted medical prescriptions and a medical certificate in support of his request. However, the request was rejected in April 2017, and he was directed to report for duty.

Justice Naresh Kumar Chandravanshi said that showing leniency in such cases could adversely affect the discipline and functioning of the force.

He claimed that he reported for duty on June 7, 2017, but was not allowed to join. He also said he remained under medical treatment until June 6. However, the authorities treated him as unauthorisedly absent from March 15, 2017, and later initiated disciplinary proceedings against him. Despite repeated directions to report for duty, he did not join. 

He was eventually declared an ‘absconder’, and a warrant was also issued against him. The authorities later passed an order removing him from service in June 2018. He appealed against this order, but the same was rejected in 2019, and ultimately the man moved to the high court seeking relief. 

Arguments 

The man was represented by advocate Vivek Kumar Agrawal, who argued that the inquiry report and the final order removing his client from service were passed without giving him a proper opportunity to be heard, violating principles of natural justice.

Representing the CRPF, central government counsel Anmol Sharma argued that the man had failed to report for duty after his leave ended and was given several opportunities to take part in the departmental inquiry. She said he did not respond to the notices or participate in the proceedings.

‘Declared absconder, but did not report’

The court noted that after his one-month leave ended, the man neither joined duty nor reported to the CRPF hospital in Nagpur for treatment, as directed by the authorities. “Rather, he was declared an ‘absconder’. He remained unauthorizedly absent not only for a period of more than six months, but also, despite repeated communications, he failed to participate in the disciplinary proceedings,” it noted. 

The court also noted that the medical documents submitted by him were treated as suspicious because they were prepared on the last day of his leave and recommended six months of medical rest at one stretch.

It further found that the man continued to remain absent even after a warrant of arrest was issued against him. “Thus, the conduct of the petitioner, even prior to the issuance of the charge-sheet, was found to be completely negligent and reckless towards his duties and the lawful directions issued by his superior authorities,” the court added. 

The court held that there was no violation of natural justice because the man had been given several opportunities to participate in the departmental inquiry but chose not to do so. It concluded that, considering the circumstances, the decision to remove him from service was justified and could not be said to be excessive or disproportionate.