'Man In Uniform' Being Unauthorizedly Absent From Duty, Sending False Information About His Death Is Gross Misconduct: Rajasthan High Court

The Jaipur bench of the Rajasthan High Court upheld the dismissal of a CRPF Constable who wilfully remained absent from duty for 65 days beyond the sanctioned leave without any intimation to the authorities and when notice was issued to join back on duty he sent incorrect information of him passing away.Justice Anoop Kumar Dhand in his order said: "This Court is of the considered opinion that a man in uniform must maintain greater discipline and the act of remaining unauthorizedly absent from duty is the gravest act of misconduct. Remaining absent from duty, after expiry of sanctioned leaves by a person, belonging to a disciplined force, is fatal". The court said that the petitioner's conduct reflected that he failed to maintain "devotion" towards his duty and being a member of the disciplined force, such indiscipline on the part of the petitioner "cannot be tolerated". “Discipline is the hallmark of the disciplined forces and its member is not expected to violate the discipline by sending incorrect information with regard to his death, more particularly when the delinquent officer is alive and remains unauthorizedly absent from duty.”The Court was hearing the Satya Narayan Gurjar's petition challenging the order dismissing him from service for remaining absent from duty without sanctioned leave for 65 days.The petitioner argued that after his sanctioned leave of 15 days, he met with an accident and was undergoing treatment due to which he could not join back the services. Hence, it was argued that considering 15 years of service rendered by the petitioner, the penalty of dismissal was disproportionate. On the contrary, the State argued that no satisfactory documentary evidence was submitted by the petitioner regarding the accident or his treatment. Further, despite several notices being sent, no intimation about the ongoing treatment was provided, instead a false information regarding his own death was given. It was only after warrants were issued against the petitioner that he joined back the service. After hearing the contentions and taking into account all the material on record, the Court opined that being a uniformed member of a disciplined force, the act of the petitioner of remaining absent from service, disobeying the orders of his seniors, and furnishing false information regarding his own death, amounted to gross misconduct. “The record reveals that when the petitioner did not report on duty, after expiry of his sanctioned leaves, a notice was sent to him with direction to report on duty. In response to the said notice, an incorrect information was sent on behalf of the petitioner that the petitioner has passed away. Thereafter, this fact was verified by the respondents, wherein he was found alive, hence, such an act of the petitioner tantamounts to indiscipline. The petitioner was a member of the disciplined force and he was supposed to act and behave in a disciplined manner. It is clear that the petitioner has disobeyed the orders of his Superior Officers and has deserted the force for a period of 65 days. Such desertion is an act of gross misconduct," the court added. Accordingly, the petition was dismissed.Title: Satya Narayan v Union of India & Ors.Citation: 2025 LiveLaw (Raj) 93Click Here To Read/Download Order

'Man In Uniform' Being Unauthorizedly Absent From Duty, Sending False Information About His Death Is Gross Misconduct: Rajasthan High Court

Nupur Agrawal

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