CH PRABHAKAR RAO Vs. DEPUTY INSPECTOR

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India seeking issuance of writ of mandamus declaring that the action of the respondents 1 and 3 in dismissing the petitioner from service vide Proceedings No. P.VII2/98, ESTT-II, dated 11.8.1998 of the third respondent which was confirmed by the first respondent vide Proceedings No. R.XIII-4/98-E.C.III, dated 22.12.1998, as illegal, arbitrary and consequently to direct the respondents to reinstate the petitioner into service as Constable in C.R.P.F. with all other consequential benefits. I have heard the learned Counsel appearing for the petitioner and the respondents.

(2.) The brief facts necessary for considering the present writ petition may be stated as follows:

(3.) The petitioner was recruited as C.T. (Constable) at the Group Centre, CRPF in Hyderabad in the year 1998. While he was working in the 55 Battalion, CRPF in Jaipur, Rajasthan, he applied for 60 days Earned Leave with effect from 16.1.1997 to 16.3.1997 to attend his personal affairs at his native place. The said leave was granted. He submits that though after the expiry of the leave, he had to report duty, he could not join due to some unforeseen calamities, such as, his son aged 4 years broke his leg in an accident, his mother and he himself fell sick which made him to spend nearly six months in the hospitals. According to him, due to the said reasons, he became imbalanced and requested the Commandant-3rd respondent by representation dated 8.9.1997 to discharge him from service. However, the third respondent without considering his representation directed him to report duty. In obedience to the orders of the third respondent dated 16.9.1997, he joined duty on 29.4.1998.