SL (EX) DEEP JOSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means of this petition, the Petitioner has challenged the order/letter dated 17.04.2009 by which resignation of the Petitioner was rejected.

(2.) BRIEF facts relating to the case are that the Petitioner was enrolled in Central Industrial Security Force (in short C.I.S.F) in the rank of Sub -Inspector in the Executive Branch. At the time of joining, the Petitioner signed an agreement in accordance with Rule 21 of the Central Industrial Security Force Rules, 2001. One of the conditions of the agreement was that in the event of tendering resignation from the force other than accepting a job elsewhere for which a clearance has been given during the period of ten years from the date of joining C.I.S.F. the Petitioner was required to refund all the cost of training imparted to him in the force or sum equal to three month's pay and allowances which ever is more. Thus, an enrolled person, before completion of ten years of service in the Force, can be allowed to leave the Force without any encumbrance, if clearance is given to him to accept another job.

(3.) I have heard Mr. Lalit Kumar, Advocate for the Petitioner, Mrs. Anjali Bhargava, Standing Counsel for Union of India/Respondent Nos. 1 to 3 and Mr. L.P. Naithani, Senior Advocate assisted by Mr. Ashish Joshi, holding brief of Mr. J.P. Joshi, Advocate for Respondent No. 4 and perused the record.