Absence as Desertion--Wilful Intent Essential -- Cause of Absence Must Be Examined Before Declaration of Desertion Under CRPF Rules
Absence without leave does not constitute desertion under the CRPF Act, 1949 and Rule 31 of the CRPF Rules, 1955, unless wilful intent is established on the basis of material on record. Declaration of desertion carries serious civil consequences and demands strict procedural compliance. Mere dispatch of notices does not satisfy the requirement of a real and effective opportunity of hearing. Judicial review in service jurisprudence extends to perverse findings, ignored evidence, and disproportionate punishment. Articles 14 and 21 bind the State even as employer; institutional discipline and individual dignity are complementary constitutional values.
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