RAJIV KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M.A. Sheikh, learned counsel for the petitioner as well as Mr. A. Gayan, learned CGC appearing for all the respondents.

(2.) The petitioner is aggrieved by the order dated 18.12.1993 issued by the respondent no.4, by which he has been imposed the penalty of dismissal from service w.e.f. 15.10.1993, on account of unauthorized absence of 331 days, from 19.11.1992 to 15.10.1993.

(3.) The petitioner's case is that he was enlisted in the Central Reserve Police Force on 05.04.1991 in the 109 Battalion, CRPF. Thereafter he was transferred to the 79 Battalion, CRPF and reported for duty on 16.07.1992. The petitioner went on leave from 06.11.1992 to 18.11.1992. However, due to various ailments suffered by him during his leave period, and on the advice of the doctors, he could not re-join his place of posting on time. Though he requested extension of his leave period, the same was not granted. The petitioner was thereafter declared a deserter in May, 1993 and subsequently the respondent no.4 issued the impugned order dated 18.12.1993, dismissing the petitioner from service w.e.f. 15.10.1993. Though the petitioner tried to re-join his service, he was told that he could not re-join his service as he was dismissed from service. Finding no other alternative, the petitioner approached the Patna High Court vide CWJC No.5972/1996. However, the said case was dismissed vide order dated 31.03.1998 on the ground that no cause of action had accrued within the jurisdiction of the Patna High Court. The petitioner thereafter filed an appeal on 11.01.2011 before the Appellate Authority, which was rejected on 03.03.2011. Thereafter the petitioner preferred a writ petition, being WP(C) 2424/2014 before the Delhi High Court. The same was dismissed vide order dated 21.04.2014 on the ground that no cause of action accrued within the territorial jurisdiction of the Delhi High Court. Thereafter, the petitioner approached Madhya Pradesh High Court vide WP(C) 9236/2014. The same was dismissed vide order dated 08.07.2014 on the ground that no cause of action accrued within the jurisdiction of the Madhya Pradesh High Court.