SATYA PRAKASH SINGH Vs. CENTRAL RESERVE POLICE FORCE

JUDGEMENT

(1.) Present writ petition has been filed challenging the enquiry report dtd. 22nd September, 2021 and for conducting a fresh and fair enquiry against the Petitioner as also to provide medical treatment to the petitioner till he becomes fit to join duty. Petitioner also challenges the recovery made vide Departmental Letter dtd. 6th October, 2021. Petitioner further seeks directions to the Respondents to give salaries for the months of December 2020, January 2021, February 2021, and June, 2021 along with arrears of HRA.

(2.) Learned counsel for the Petitioner states that the Petitioner, who is a constable CT/GD in the CRPF was undergoing treatment for Spondylolisthesis and was given rest till 24th December, 2020. He, however, states that the Petitioner received a letter dtd. 12th December, 2020, whereby he was ordered to join 11th BN Jharkhand immediately which the Petitioner did not follow since the treatment was still continuing. He further states that the Petitioner was not allowed to go to Delhi to get further treatment and the Respondents also did not release the Petitioner 's salary. He also contends that the respondents illegally initiated a false inquiry and also made a false and adverse report dtd. 22ndSeptember, 2021 against the petitioner.

(3.) He further states that respondent no.4 office issued the impugned letter dtd. 6 thOctober, 2021 in which an order of recovery of Rs. 7,15,887.00 was issued against the Petitioner and the salary of December 2020, January 2021, February 2021 and June 2021 along with HRA has been adjusted in the said recovery on the ground that the petitioner was under medical treatment and had proceeded on rest and is therefore not liable for payment of salary.