DEVENDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE DB.

(2.) AT the request of learned counsel for the parties, the petition is taken up for final disposal.

(3.) THE petitioner joined the CRPF as Constable (Executive) on 18. 02. 1995 and was granted leave from 01. 10. 1997 to 30. 10. 1997. It is during this leave period that an FIR was registered against the petitioner alleging that he along with his accomplices had stolen a Tata Sumo and was apprehended. It is alleged that he was found to be in possession of a locally made pistol and a live cartridge. The petitioner was arrested on 10. 10. 1997 and on the same date, an intimation was sent by the SHO, Baghpat to the Commandant, CRPF of the Camp where the petitioner was deployed. The respondents received the said intimation and placed the petitioner under suspension on 18. 10. 1997 with effect from 10. 10. 1997. The petitioner was subsequently granted bail on 26. 10. 1997 and joined the unit in the late afternoon of 01. 11. 1997. The petitioner gave details on 19. 11. 1997 to the respondents alleging the same to be false one. The petitioner thereafter again sought leave on 17. 03. 1998 on account of the fact that he had received a message from his hometown that his pregnant wife was in a critical condition. The petitioner received a message on 18. 03. 1998 that the condition of his wife was deteriorating fast and since the application of the petitioner for leave was still not considered, he left for his hometown on 18. 03. 1998 at 9 PM. However, before the petitioner could reach his hometown, his wife passed away on 19. 03. 1998.