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2003 DIGILAW 965 (PAT)

Ram Naresh Thakur v. Union Of India

2003-09-04

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2003
Judgment 1. In so far as the facts are concerned, there is no issue. The two basic facts are that the petitioner-appellant, who was a constable with the Reserve Police Force, was found missing from the Camp w.e.f. 27.2.2000 without permission of the competent authority. The disciplinary proceedings were taken out and he was dismissed from service by an order dated 28 October, 2000. 2. The defence taken was that he was having psychiatric problems. The answer given by the establishment was that if that was so then the constable could join for a check up at the Central Reserve Police Force Hospital at Mokamaghat or at the Battalions Headquarter Hospital. This was indicated to the constables wife by two letters dated 5 June, 2000 and 1 July, 2000. On this there is no issue. 3. The contention on behalf of the constable is that he did not have that much consciousness because of his psychiatric problems to be available within at home so that he could be put for a reference to the two hospitals of the Central Reserve Police Force. An explanation is given by his wife that he was not even available to her. This does not improve the situation. 4. The court is afraid that the discipline of the paramilitary force has to be kept. Absentation from the duty is a serious offence. There is no error on the proceedings which were taken out. There is no error in the order which was passed on the writ petition also. 5. Thus, this appeal stands dismissed.