TaxTMI 
TaxTMI 
2003 (2) TMI 503
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....ion. He was detailed with others for Quarter Guard cum Station Static Guard duty on 22.5.1987. At about 1125 hrs. he asked the Guard Commander to keep his arms and ammunition telling that he was proceeding home. The Guard Commander asked him not to go without permission. But disobeying the orders, he left his duty as well as the Station Tarantaran without any permission. This was considered to be an act of indiscipline and carelessness in duty. His defence was that he was required to attend the wedding of his brother-in- law and, therefore, he had to leave the Station in any case. It was further stated by him that he asked the Inspector in-charge that Adjutant had assured him about grant of leave, but the Inspector in-charge refused to grant leave. Faced with this situation he had to leave with a view to keep his family commitments. It was also stated by him that he had handed over his arms and ammunition for safe custody. He returned after 25 days for which he had asked for leave. The authorities on completion of the disciplinary proceedings found that the charge was proved and penalty from removal from service was awarded. An appeal was preferred against the order of removal f....
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....ng note of past conduct for determination of punishment, there has to be specific charge in the proceedings and without that past conduct cannot be taken into consideration. Finally, it is submitted that the offence was not such as would warrant removal from service and, therefore, learned Single Judge was justified in his decision. Per contra, learned counsel for the respondent submitted that the appellant belonged to the armed forces and, therefore, discipline in his conduct was imperative. He not only left the duty and the Station without permission, but also left the arms and ammunition unattended. Particular procedure is provided for grant of leave. Mere making an application for grant of leave is not sufficient and even if it is accepted that an application for grant of leave was made, same cannot be construed to be an appropriate intimation for absenting from duty. It is further submitted that having accepted that the procedure adopted was fair and proper, there was no scope for interfering with the punishment awarded which was statutorily permissible. It is pointed out that though there was reference to the past conduct, the same did not form basis for imposition of pena....
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....nces relatable to duties of enrolled members: Commission of any of the following act or acts by an enrolled member of the Force-0) violation of any duty: (ii) wilful breach or neglect of any provisions of this Act or any rule or of. Directives or of any other lawful orders which he is bound to observe or obey; (iii) disobeying lawful command of superior officers; (iv) withdrawing from duty of his office without permission; (v) quitting his guard, picket, party or patrol without being duly relieved or without leave; (vi) absenting himself without proper intimation to his controlling authority or without sufficient cause overstaying leave granted to him of failing without reasonable cause to report himself for duty on the expiry of such leave; (vii) engaging himself without authority for any employment other than his duty as an enrolled member of the Force; (viii) being guilty of cowardies; (ix) being in a state of intoxication while on duty or after having been alerted for any duty; (x) malingering or feigning or voluntarily causing hurt or ....
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.... in the Force shall consider the award of punishment of dismissal or removal from service to any member of the Force in the following cases, namely:- (a) Dismissal: (i) conviction by a criminal court; (ii) serious misconduct or indulging in committing or attempting or abetting an offence against railway property; (iii) discreditable conduct affecting the image and reputation of the Force; (iv) neglect of duty resulting in or likely to result in loss to the railway or danger to the lives of persons using the railways; (v) insolvency or habitual indebtedness; and (vi) obtaining employment by concealment of his antecedents which would ordinarily have debarred him from such employment. (b) Removal from service: (i) any of the misconduct for which he may be dismissed under clause (a)above; (ii) repeated minor misconducts; (iii) absence from duty without proper intimation or overstay beyond sanctioned leave without sufficient cause." Rule 147(vi) deals with the case of absence without proper intimation. A mere applic....