SIKANDAR KUMAR VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rekha Palli, J (Oral) 1. The petitioner, who was serving as a Constable (GD) in the Central Reserve Police Force (CRPF) since 17/3/2013 and was dismissed from service on 6/9/2017, has approached this Court under Article 226 of the Constitution of India, seeking setting aside of the Charge Memorandum dtd. 27/4/2017, the inquiry proceedings held pursuant thereto as also the dismissal order dtd. 6/9/2017 vide which he was dismissed from service. The petitioner also assails the orders dtd. 23/5/2018 and 22/1/2020 whereby his statutory appeal and revision petition have also been dismissed.

(2.) At the outset, we may note the brief factual matrix as emerging from the record.

(3.) The petitioner joined the CRPF as a Constable (GD) on 17/3/2013. Due to a liver ailment suffered by him, he applied for leave from 5/11/2016 to 25/11/2016 to get himself treated in Vellore and was therefore, on expiry of the 20 days' leave required to report back for duty on 27/11/2016. However, as his wife went missing on 24/11/2016, the petitioner submitted an application seeking 30 days extension of leave. On 27/11/2016 itself the dead body of the petitioner's wife was recovered from a well located in his village. Due to the suspicious circumstances under which the petitioner's wife had expired, an FIR under Ss. 302/201/34 of the Indian Penal Code, 1860 (IPC) was registered against him. It is the petitioner's claim that in view of the allegations leveled against him, he, of his own volition, surrendered before the Sessions Court in Giridih, Jharkhand and was taken into custody, whereafter he remained in custody till the 29/11/2017.