RAMA KRUSHNA SAHU Vs. DEPUTY INSPECTOR GENERAL OF POLICE-CUM-APPELLATE AUTHORITY, CENTRAL RESERVE POLICE FORCE, GUJARAT AND OTHERS

JUDGEMENT

(1.) This writ petition is against the order dated 31.12.2001 as contained in Annexure-9 whereby and whereunder the order passed by the revisional authority dated 14.1.2000 has been recalled on the ground that the petitioner was in Berhampur Circle Jail w.e.f. 21.1.2000 on the charge of murder and looting.

(2.) Brief facts of the case of the petitioner is that he has been appointed as Constable(SD) in Central Reserve Police Force on the basis of the recruitment test held at Berhampur, Orissa during 16.08.1994 to 20.08.1994 and was enlisted in the Force on 30.8.1994, while in service, in the year 1998, he applied for leave to attend his sister's marriage which was scheduled to be held on 1.2.1998. After considering his application the authorities have sanctioned 7 days leave in his favour w.e.f. 17.1.1998 to 27.1.1998. While the petitioner was preparing to come back to join in the headquarters, he, all of a sudden, fell ill and accordingly sent application for extension of leave and joined in the headquarters 14.6.1998. The petitioner, after joining in the headquarters, has found that his application for extension of leave has not been considered for which reason he submitted medical certificates to overcome his absence but the authorities has initiated a disciplinary proceeding on the head of two charges, namely

(3.) Learned counsel for the petitioner has submitted that the revisional authority passed the order reversing the order of dismissal to that of reinstatement in service with penalty of withdrawal of increment for two years, has got no jurisdiction to recall the said order by exercising power of review. He further submits that power of review can only be exercised if provided under the statute. He placed reliance upon the CRPF Act, 1949 and CRPF Rules, 1955 wherein there is no provision of review of the decision taken either by the disciplinary authority or by the appellate authority or by the revisional authority and as such the order dated 31.12.2001 is without jurisdiction.