Dismissed¶15

Raju Kumar Sarma v. the Union of India and 4 Ors.

Gauhati HC4 Jun 2026WP(C)/25/2021

Case brief

AI extract

What is this about?

CRPF constable; unauthorized absence w.e.f. 11.11.2011; deserter declaration; ex-parte departmental enquiry; Memorandum of Charge dated 19.09.2012; dismissal order dated 25.03.2013 by Commandant, 60th Battalion CRPF; appeal rejected as time-barred; review dismissed 13.04.2019; delinquent must establish absence for reasons beyond his control; medical reports showed no incapacity to intimate Unit; penalty of dismissal upheld; WP(C)/25/2021; Gauhati High Court; Justice N. Unni Krishnan Nair; decided 05.06.2026; writ petition dismissed, no costs.

What did the court decide?

A period of absence cannot automatically be held to be unauthorized; it is for the delinquent to establish that he had to remain absent from duties for reasons beyond his control. ¶14

Raju Kumar Sarma Vs the Union of India and 4 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶15

Issue for consideration

Whether the petitioner's absence from duty w.e.f. 11.11.2011 was unauthorized absence, i.e., whether he established that he had to remain absent for reasons beyond his control. +2 more

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Court's answer

A period of absence cannot automatically be held to be unauthorized; it is for the delinquent to establish that he had to remain absent from duties for reasons beyond his control.

¶14

Ratio / Principle

The petitioner took no steps to demonstrate before the Enquiry Officer in the enquiry that he had remained absent from his duties for reasons beyond his control.

¶14

Key takeaways

From the medical reports on record it is not found that the petitioner was incapacitated to such an extent that he was incapable of sending a written intimation, by himself or through his family members, about the reasons for his absence.ratio¶11
The conclusions drawn in the impugned order dated 25.03.2013 were drawn basing on the materials coming on record in the enquiry, which are held to be legally admissible evidence.ratio¶13

Detailed headnote1 paragraphs

Writ Petition (C) No. 25/2021, Gauhati High Court (N. Unni Krishnan Nair J), decided 05.06.2026 - Dismissed. A CRPF constable of the 60th Battalion, Chakradharpur, who proceeded on leave w.e.f. 27.09.2011 (granted till 10.11.2011) and claimed that continuous illness from 2011 to 2018 prevented him from resuming duty or communicating with his Unit, challenged his dismissal from service vide order dated 25.03.2013 passed by the Commandant after ex-parte departmental proceedings initiated on a Memorandum of Charge dated 19.09.2012, following his declaration as a deserter w.e.f. 11.11.2011 by the Court of Enquiry. The Court found that the Memorandum of Charge, the enquiry notices issued by registered post, and the Enquiry Report were all forwarded to his recorded residential address and receipt was never denied, yet he made no response or representation. The medical reports on record did not establish incapacity even to send a written intimation through family members. His appeal (November 2018) was rejected as time-barred and his review petition (preferred 25.02.2019) was dismissed on 13.04.2019. Reiterating that a period of absence is not automatically unauthorized and that it is for the delinquent to establish absence for reasons beyond his control - which the petitioner failed to do - and finding the conclusions based on legally admissible evidence and not perverse, the Court declined interference; writ petition dismissed, no order as to costs.

Page No.# 1/10

GAHC010193932020

2026:GAU-AS:7873

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/25/2021

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RAJU KUMAR SARMA NO. 015131025 CT/GD S/O LATE KRISHNA SARMA VILLAGE AND PO AKOYA DIST BARPETA, ASSAM, 781329

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VERSUS

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THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, NEW DELHI 110001

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2:THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE CRPF HEADQUARTER BLOCK 13 CGO COMPLEX LODHI ROAD NEW DELHI 110003

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3:THE INSPECTOR GENERAL OF POLICE NORTH EASTERN SECTOR CENTRAL RESERVE POLICE FORCE STONEY HAVEN BISHOP COTTON ROAD SHILLONG MEGHALAYA 793001

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4:THE DEPUTY INSPECTOR GENERAL OF POLICE RANGE CRPF. AMERIGOG

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GUWAHATI 781023

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5:THE COMMANDANT 60TH BATTALION CRPF CHAKRADHARPUR JHARKAND 83310

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Advocate for the Petitioner : MR. MD S HOQUE, MR. M DEKA

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Advocate for the Respondent : ASSTT.S.G.I., MR. P S BHATTACHARYYA (CGC) (r- 1 to 5)

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 05.06.2026

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Heard Mr. S. Hoque, learned counsel, appearing for the

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petitioner. Also heard Mr. P. S. Bhatacharyya, learned CGC, appearing for the respondents.

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2. The petitioner in the present writ petition has presented a challenge to an order dated 25.03.2013, issued by the Commandant, 60^th Battalion, CRPF, imposing upon the petitioner penalty of dismissal from service.

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3. As projected in the writ petition the petitioner, while discharging duties as constable with the 60^th Battalion of CRPF, Chakradharpur, in the State of Jharkhand, had proceeded on leave to his native village

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situated in the District of Barpeta, Assam, w.e.f. 27.09.2011. The leave of the petitioner was so granted till 10.11.2011. It is further projected in the writ petition that the petitioner after reaching home was afflicted with various ailments for which he had to remain under constant medical attention from 2011 to 2018. The petitioner further contends that due to his prolonged illness, he was not in a position to resume his service nor send any communication to his Battalion. The petitioner projects that in pursuance to an Ex-parte Departmental proceedings instituted against the petitioner, after declaring him to be a Deserter from the Force w.e.f. 11.11.2011, he was vide the impugned order dated 25.03.2013, dismissed him from service. The petitioner further projects that on receipt of the said copy of the impugned order and after being declared to be physically fit by the doctors attending on him, he had submitted an appeal before the DIGP, CRPF, Guwahati Range, in the month of November, 2018. The said appeal was rejected by the Appellate Authority by holding that the same was so preferred beyond the period of limitation prescribed. The petitioner, thereafter, submitted a Review Petition before the Revisioning Authority on 25.02.2019. The said Review Petition was also dismissed vide order dated 13.04.2019.

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Being aggrieved the petitioner has instituted the present writ

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petition.

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4. Mr. S. Hoque, learned counsel, appearing for the petitioner by reiterating the facts, noticed, hereinabove, has submitted that the petitioner was under treatment after he had reached his native place on leave w.e.f. 27.09.2011 and accordingly, was not in a position to contact his Unit Authorities and inform them about the inability on his part to resume his services. He submits that the petitioner on regaining his health and being declared to be physically fit by the doctors attending on him, had taken steps against the Ex-Parte Departmental proceeding instituted against him, leading to the issuance of the impugned order dated 25.03.2013, however he submits that the Appeal as well as the Revision petition preferred by the petitioner were rejected by the respondent authorities without even considering the contentions raised by the petitioner, therein.

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On a query raised by this Court, as to whether the show-cause notice with regard to holding of the enquiry as well as the Enquiry Report was furnished to the petitioner, Mr. Hoque, has fairly submitted that from the appeal so filed by the petitioner as well as in the Revision Petition, there is no mention that the petitioner had not received the said documents.

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5. Per contra Mr. P. S. Bhatacharyya, learned CGC, appearing for

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the respondents, submits that the respondent authorities after declaring the petitioner a deserter, in terms of the decisions of the Court of Enquiry, had instituted a Departmental proceedings against the petitioner vide issuance of a Memorandum of Charge dated 19.09.2012. He submits that a copy of the said Memorandum of Charge was sent to the petitioner at his residential address as disclosed in his service record. He submits that the petitioner did not respond thereto. The written statement to the Memorandum of Charge not being received from the petitioner, the respondent authorities proceeded to direct for holding of an enquiry in the matter. The Enquiry Officer, on entering into the enquiry, had issued notices to the petitioner requiring his presence before him. It is contended that the said notices were also not responded to by the petitioner. Thereafter, on conclusion of the enquiry, the Enquiry Officer having submitted his Enquiry Report, a copy thereof, was also forwarded to the residential address of the petitioner. However, the petitioner also did not respond thereto. Mr. Bhatacharyya, submits that in view of the said position, the Disciplinary Authority proceeded to consider the materials coming on record as well as the conclusions drawn by the Enquiry Officer in his Enquiry Report and on being satisfied with the fact that the allegations leveled against

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the petitioner stood established from the materials coming on record in the enquiry, proceeded vide order dated 25.03.2013 to impose the penalty of dismissal from service upon the petitioner.

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6. Mr. P. S. Bhatacharyya, submits that the petitioner had been granted all due opportunities to defend the charges leveled against him, however, the petitioner had not responded to the same. He submits that from the materials brought on record in the writ petition it cannot be discerned that the petitioner was not even in a position to send a written intimation to his Unit about the reasons for his absence.

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7. Mr. P. S. Bhatacharyya, further submits that, in the event, the petitioner was suffering from any ailments, he would have received free treatment for the same at the hospital of the Force. However, the petitioner is not found to have even availed the said treatment. Accordingly, Mr. P. S. Bhatacharyya, submits that the claims made by the petitioner in the present writ petition would not mandate any interference.

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8. I have heard the learned counsel for the parties and also perused the materials available on record.

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9. The petitioner on having remained absent without any

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intimation, a Departmental proceedings, as noticed, hereinabove, was instituted against the petitioner vide issuance of a Office Memorandum (OM) dated 19.09.2012.

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10. A perusal of the charges framed against the petitioner would reveal that he was alleged to have disobeyed the orders of the superior authorities and was negligent in performing duties, inasmuch as, he was unauthorisedly absent from his duties w.e.f. 11.11.2011. It was further alleged that the notices issued to the petitioner requiring him to report for duty were also not responded to.

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11. As noticed, hereinabove, it has been fairly admitted to by the learned counsel for the petitioner that the Memorandum of Charge was forwarded to the petitioner and he has not denied receipt of the same. However, it is found that the petitioner had not responded, thereto, nor intimated the Unit Officials about the reason for his absence from duties.

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This Court has perused the medical reports brought on record and from the said reports it is not found that the petitioner was incapacitated to such an extent that he was incapable to send a written intimation either by himself or through his family members to the Unit

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highlighting, therein, the reasons for his absence from duties.

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12. The Enquiry Officer on entering into the enquiry found to have also issued notices by way of registered post to the petitioner, requiring his presence in the enquiry. The receipt of the said notices has not been denied by the petitioner. The non-appearance of the petitioner in the enquiry had naturally led the Enquiry Officer to conduct the proceeding in the enquiry Ex-parte. On conclusion of the enquiry, the Enquiry Officer submitted his report and therein, held the charges leveled against the petitioner to be established. The Disciplinary Authority of the petitioner on receipt of the Enquiry Report had forwarded a copy, thereof, to the petitioner. The petitioner has further not denied receipt of the same. However, it is found that the petitioner had not submitted any representation against the said Enquiry Report.

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13. It is in the above background that the Disciplinary Authority on consideration of the materials coming on record in the enquiry as well as the findings recorded by the Enquiry Officer in the Enquiry Report, proceeded vide the impugned order dated 25.03.2013, to impose the penalty of dismissal from service upon the petitioner along with other consequential denial of service benefits. This Court has perused the Enquiry Report submitted in the matter by the Enquiry Officer as well

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as the contentions raised by the Disciplinary Authority in the order dated 25.03.2013, and this Court finds that the conclusions drawn, therein, are so drawn basing on the materials coming on record in the enquiry which are held to be legally admissible evidence. Further the petitioner in the present writ petition has also not brought on record materials to justify that his absence was for reasons beyond his control and accordingly, the said period of absence is to be deemed to be unauthorized absence.

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14. It is a settled position of law that a period of absence cannot automatically be held to be unauthorized, inasmuch as, it is for the delinquent to establish that he had to remain absent from duties for reasons beyond his control. In the present case, it is found that the petitioner had not taken any such steps to demonstrate before the Enquiry Officer in the enquiry, that he had remained absent from his duties for reasons beyond his control. Accordingly, the conclusions drawn by the Enquiry Officer that the period of absence of the petitioner is clearly unauthorized, would not mandate an interference from this Court. It is to be noted that the petitioner is a member of a Disciplinary Force and his such conduct would not warrant his continuation in the Force and accordingly, the imposition of the penalty

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of dismissal from service upon the petitioner after conduct of a

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Departmental proceeding on the ground that the petitioner was unauthorizely absent for a long period of time, not being justified by the petitioner to have been so drawn perverse to the materials coming on record, this Court is of the considered view that the impugned order dated 25.03.2013, passed by the Disciplinary Authority would not mandate any interference from this Court.

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15. In view of the above discussion, the present writ petition is held to be devoid of any merit and accordingly, the same stands dismissed. However, there shall be no order as to costs.

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JUDGE

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Comparing Assistant

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 25.03.2013 issued by the Commandant, 60th Battalion, CRPF (Disciplinary Authority) imposing penalty of dismissal from service upon the petitioner, with consequential denial of service benefits.¶2
Commandant, 60th Battalion, CRPF (Disciplinary Authority) · 25.03.2013
Prior proceeding
Petitioner, a constable with the 60th Battalion CRPF, Chakradharpur, proceeded on leave to his native village in Barpeta, Assam w.e.f. 27.09.2011; leave was granted till 10.11.2011.¶3
Prior proceeding
Ex-parte departmental proceedings were instituted against the petitioner after he was declared a Deserter from the Force w.e.f. 11.11.2011, culminating in the impugned dismissal order dated 25.03.2013.¶3
Prior proceeding
After regaining health and being declared physically fit, the petitioner submitted an appeal before the DIGP, CRPF, Guwahati Range in November 2018.¶3
Prior proceeding
The appeal was rejected by the Appellate Authority on the ground that it was preferred beyond the period of limitation prescribed.¶3
Prior proceeding
The petitioner submitted a Review Petition before the Revisioning Authority on 25.02.2019, which was dismissed vide order dated 13.04.2019.¶3
Prior proceeding
After the petitioner was declared a deserter in terms of the decisions of the Court of Enquiry, departmental proceedings were instituted vide issuance of a Memorandum of Charge dated 19.09.2012.¶5
Prior proceeding
A copy of the Memorandum of Charge was sent to the petitioner at his residential address as disclosed in his service record; the petitioner did not respond.¶5
Prior proceeding
The Enquiry Officer issued notices by registered post requiring the petitioner's presence in the enquiry; receipt was not denied, the petitioner did not appear, and the enquiry proceeded ex-parte.¶12
Prior proceeding
On conclusion of the enquiry, the Enquiry Officer submitted his report holding the charges levelled against the petitioner to be established.¶12
Prior proceeding
A copy of the Enquiry Report was forwarded to the petitioner by the Disciplinary Authority; the petitioner did not submit any representation against it.¶12
Prior proceeding
Learned counsel for the petitioner fairly conceded that neither the appeal nor the revision petition mentioned non-receipt of the show-cause notice for the enquiry or the Enquiry Report.¶4
Prior proceeding
Charges framed alleged disobedience of superior authorities' orders, negligence in performing duties and unauthorised absence from duties w.e.f. 11.11.2011, along with non-response to notices requiring him to report for duty.¶10

Raju Kumar Sarma v. the Union of India and 4 Ors.

Case brief

What is this about?

What did the court decide?

Raju Kumar Sarma v. the Union of India and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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