UNION OF INDIA Vs. SANKAR CHOWDHURY

JUDGEMENT

(1.) THE questions raised in this appeal relate to the validity and/or legality of the office order dated 2nd October, 2008 issued by the Inspector General of police, Central Police Reserve Force, Eastern Sector, Kolkata rejecting the prayer of the respondent/writ petitioner made in the representation dated 2nd september, 2008 and also the validity of the subsequent order of termination of service issued to the said respondent/writ petitioner by the order dated 15th october, 2008 passed by the Additional D. I. G. , Group Centre, C. R. P. F. , Durgapur, west Bengal.

(2.) THE respondent/writ petitioner, who was appointed as Constable in the establishment of C. R. P. F. , raised the aforesaid questions in his writ petition and the same were finally decided in his favour by a learned Judge of this court by the judgment and order under appeal. Coming to the factual matrix of the writ petition we find that the respondent/writ petitioner was selected for the post of Constable in Central reserve Police Force and joined the service in the year 2003. Unfortunately, while undergoing training the said writ petitioner became ill and ultimately, had to undergo kidney transplantation. After recovery, said writ petitioner appeared before the Departmental Rehabilitation Board. The said Rehabilitation board was, however, pleased to retain the job of the writ petitioner. In the aforesaid circumstances, the superior authority of the writ petitioner thought it proper to remuster the said writ petitioner in the C. R. P. F. as Peon/daftary and, therefore, desired to obtain necessary willingness from the writ petitioner herein.

(3.) THE Additional D. I. G. P. , made a strong recommendation in this regard in favour of the writ petitioner and specifically observed that if necessary, the matter should be taken up to the higher authorities in order to accommodate the writ petitioner against the available vacancies. The inter office note dated 17th January, 2007 regarding remustering of the writ petitioner is set out hereunder: inter OFFICE NOTE (ESTT 5)No. T. V. 1/2007-Estt-5 dated, the 17 Jan, 2007 subject : REGARDING REMUSTERING f/no. 035100677 RT/gd Sankar Chowdhury has undergone few months training at RTC-I and thereafter returned to this GC on 15. 3. 2004. Huge amount of money has been spent on his treatment of kidney. His case was put up before Rehabilitation Board but he has been retained in the job. However, he may not be able to undergo rt/gd training at any time in future. Since he has been retained by rehabilitation Board, it is advisable to obtain his willingness and remuster him in the CRPF as Peon/ct (Daftary) if necessary taking up to the highest authorities against the available vacancies. Sd/-For Additional D. I. S. P. GC. CRPF, Durgapur