Patna High Court Directs Reinstatement Of CRPF Personnel Dismissed From Service For Absence Due To Taking Care Of Mother Diagnosed With Cancer

The Patna High Court on Tuesday directed the reinstatement of a CRPF personnel who was dismissed from the service on account of being absent from duty for 196 days to take care of his mother, who was suffering from cancer.

“In the present case, the appellant is found to be absent from duty and he gave explanation that his mother was diagnosed with Cancer and he had applied leave for treatment of his mother and it was beyond his control. Keeping in view all the facts and circumstances of the case, we are very much conscious of the fact that absence of the appellant from duty cannot be equated with the person who is said to be unauthorized absence from his duty. On the said score, dismissal of appellant from service is totally disproportionate to the conduct committed by the appellant.”, the court said.

On account of his mother being diagnosed with cancer the appellant-CRPF personnel applied for the leaves, however, on account of the delay in approving the leaves the appellant left to care for his mother.

On repetitive occasions, the appellant sought an extension of the leaves through post but he was declared absconder on account of absence from duty w.e.f. 23.05.2012 to 04.12.2012 without any sanctioned leave for the period of 196 days and the unauthorized absence of the appellant from duty led to the initiation of a departmental inquiry.

The departmental inquiry dismissed the appellant from the service, which a Single Bench of the High Court subsequently upheld. Following this, an appeal was preferred before the Division Bench.

The appellant submitted that the respondents had failed to appreciate that the quantum of punishment inflicted upon the appellant was grossly disproportionate to the alleged misconduct committed by the appellant. The appellant stated that there cannot be unauthorized absence where the appellant has already applied for leave mentioning that his mother was suffering from Cancer and she was fighting for the last breath of her life.

On the other hand, the respondent authority submitted that the appellant was appointed in CRPF the area where he was posted is a Naxalite area and unauthorized absence from the said place might cause misadventure and the act of misconduct committed by the appellant cannot be justified by any stretch of the imagination for the service of CRPF.

Upon hearing both the parties, the bench comprising Justices PB Bajanthri and Alok Kumar Pandey acknowledged the fact that the appellant produced documents regarding the treatment of his mother in support of his contention that his mother was suffering from Cancer but the said documents have not been taken into account either by any of the respondent authorities or by the learned Single Judge.

The court also found that the appellant has forwarded an application for an extension of leave on many occasions on the ground that his mother was suffering from Cancer but the same was neither accepted nor rejected.

The court also recognized the fact that imposing a harsh punishment on account of being absent for a valid course would be disproportionate having regard to the material that has emerged from the record.

Accordingly, the court directed the respondents to “reinstate the service of the appellant and regulate services in accordance with law including extending monetary benefits to the appellant and his unauthorized absence be treated as leave in his credit as per provision applicable in the case of appellant, while imposing any of the minor penalty. The above exercise shall be undertaken within a period of three months from the date of receipt of this order.”

Accordingly, the appeal was allowed.

Appearance :

For the Appellant/s : Mr.Mrigank Mauli, Adv. Mr.Sanjay Kumar, Adv.

For the Respondent/s : Mr.S.D.Sanjay, ADSG

Case Details: Sumit Kumar @ Sumit Kumar Tiwary Versus The Union of India & Ors., Letters Patent Appeal No.617 of 2019

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