The Jammu and Kashmir and Ladakh High Court has upheld the dismissal of a CRPF constable, emphasising that employers are not expected to search worldwide for an employee who has gone missing. The Court’s decision came in response to a constable’s challenge against his termination.
Mohammad Shahbaz Mir, who joined the CRPF in 1997, went on leave from 3 August to 30 August, 2011, but did not return. Mir cited psychological issues and marital problems for overstaying his leave. He argued that his dismissal on 3 December, 2012, violated principles of natural justice and the CRPF Rules. He also claimed that he did not understand the Hindi language used in the dismissal order and other communications.
The respondents stated that Mir overstayed his leave without permission and ignored multiple requests to return to duty. The Court noted that Mir deserted the force again after being apprehended and handed over to his battalion in September, 2012.
Mir’s reasons for his absence included domestic issues such as divorce and custody disputes, but the Court found no urgent problems at the time of his desertion. The court observed that Mir had no justification for his prolonged absence and that the CRPF had followed the required procedures, sending multiple communications to his residential address.
Justice Dhar, presiding over the case, stated that the principles of natural justice were not applicable here because the facts were clear. Conducting a fresh inquiry would be unnecessary. The Court also dismissed Mir’s claim of not understanding Hindi, noting that he had previously used the language for official purposes, such as leave applications and appointment orders. The Court also clarified that it is sufficient for an employer to send communications to the employee’s residential address.
The court dismissed Mir’s petition and upheld his dismissal from service.
