Compulsory Retirement Valid For Leaving Battalion Without Informing About New Address, Employer Cannot Launch 'Manhunt' For Employee: J&K HC

The Jammu and Kashmir High Court upheld the order of compulsory retirement from the service imposed upon the petitioner for his continuous absence from the battalion without permission for overstaying his leave for the period of 326 days. The petitioner, a CRPF constable, contended that the order issued by respondent No.3 was based upon an ex parte inquiry and that the petitioner has not been provided an opportunity of hearing and whatever notice was sent by the authority could not be received as he had changed his residential address owing to his ailment. Therefore, it cannot be stated that the Inquiry Officer has not followed either the procedure prescribed under the CRPF Rules, or the principles of natural justice.” The court said that the record suggested that the employer had meticulously adhered to the procedure for conducting the departmental inquiry, and since the petitioner had not informed the authorities, it was not possible for them to send notices on the said address. BACKGROUND The petitioner, who was serving as a Havaldar in the CRPF, challenged the order of compulsory retirement from the Armed Force and another order whereby his reinstatement was set-aside by the respondent no.3.