RAHUL KUMAR MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present writ petition, the petitioner assails the order dated 16th December, 2008 passed by respondent No.3 terminating his service and directing that his name be struck off from the rules of Central Reserve Police Force. The petitioner also assails the order dated 3rd July, 2009 passed by respondent No.2 rejecting the appeal of the petitioner assailing the order of termination.

(2.) The challenge by the petitioner is premised primarily on the ground that the same is without any justification and basis and was passed in gross violation of the principles' of natural justice. It is contended that the order of termination has been passed during the currency of the extended training period of the petitioner even though the petitioner had not been declared as having been failed.

(3.) We have heard learned counsel for the respondents and also examined the records which have been produced before us. The respondents have pointed out that vide order dated 1 st March, 2007, the petitioner was appointed to the CRPF to the post of recruit/driver (RT/DVR) and he joined duty at Gwalior. He was sent from his posting to Bilaspur on 15th May, 2007 for training where he was posted with the Second Wing Batch No.118. The petitioner commenced his eleven week basic training on 15th November, 2007. The petitioner unfortunately failed in the PT mid-term test which was held on 1 st February, 2008 in the training resulting in his relegation from Batch No.118 to Batch No.119 (3rd wing) by an order dated 22nd February, 2008. During the training period with Batch No.119, which commenced on 26th February, 2008, the petitioner remained admitted to the hospital w.e.f. 15th April, 2008 to 9th June, 2008 (being a total of 56 days) due to a hydrocele. This necessitated his relegation to Batch No.120 (Zero Week) on medical grounds vide office order dated 14th June, 2008. When the petitioner joined Batch No.120 on 23rd June, 2008, he was unable to successfully complete the PT mid-term test on 20th October, 2008. The petitioner was declared failed even in the re-test which was conducted by the respondents. In these circumstances, he was again relegated from Batch No.120 to zero week on 15th November, 2008 as he failed in the arms drill test. It has been pointed out that despite he has been given extra chances, the petitioner failed in the periodical test as well.