VIJAY KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of the present petition the petitioner has challenged the order dated 6.8.2003, passed by the Security Commissioner (RPF), removing the petitioner from service, Annexure 7 A to the amendment application; the order passed by Deputy Chief Security Commissioner (RPF), Gorakhpur dated 21.10.2003 Annexure 9 to the petition and order dated 20.1.2004, passed by Chief Security Commissioner (RPF) NER Gorakhpur Annexure 11 to the petition.

(2.) The facts as alleged in the present petition are that the petitioner was appointed as Constable in the Railway Protection Force, (herein after referred to as RPF). He was sent for training and after completing the training period, he joined his service as Constable in RPF Reserved Company No. 26 in the Head Office Gorakhpur North Eastern Railway (NER) on 22.4.1982.

(3.) It is admitted fact that the petitioner did not attend the service /duty from 17.11.1982 to 26.12.1996. Allegedly on 2.1.1997 the petitioner moved an application for joining the service and thereafter on 30.10.2002 the petitioner was directed to go for medical examination before the Medical Officer L.N. Mishra Railway Hospital, NER, Gorakhpur. The Medical Report was given on 8.10.2002 and the Director of Railway Hospital granted certificate dated 15.11.2002 to the petitioner that he is able to join the duty in category 'B-1' in the Department.