RAJ BAHADUR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard Sri Vinay Malviya, learned counsel for the petitioner and Sri Gyan Prakash, learned A. S. G. I. for all the respondents.

(2.) The petitioner was appointed in Central Reserve Police Force on 19.4.2011. After availig 15 days casual leave from 18.7.2012 to 4.8.2012 the petitioner was declared 'deserter' w.e.f. 8.8.2012 after overstaying leave. By registered post letter dated 9.1.2013 sent at his home he was required to appear before the Inquiry Officer on 25.1.2013. The petitioner did not appear and preliminary hearing concluded exparte. By notices dated 29.1.2013 and 21.2.2013 the petitioner was directed to submit written statement or representation in his defence, however, the same was also received back with the remark "praptakarta kahi bahar gaye hain, preshak ko vapas."

(3.) Subsequently, charges against the petitioner were found proved and he was dismissed from service on 27.4.2013. In the impugned order it has been clearly mentioned that the information sent to the petitioner by registered post was returned back inspite of "bar bar jane par praptkarta se mulakat nahi hoti atah preshak ko vapas". The petitioner preferred an appeal against the aforesaid dismissal order dated 27.4.2013, which was also dismissed by order dated 31.3.2014. The revision preferred by the petitioner was also dismissed by order dated 16.9.2014.