ANEET KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Mazumder, learned counsel for the petitioner. Also heard Mrs. A. Gayan, learned CGC appearing for the respondents.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner has assailed the enquiry report dtd. 2/3/2015 and the order dtd. 30/3/2014 passed by the Commandant 48 Battalion, Central Reserve Police Force, by which, the petitioner had been removed from service.

(3.) The facts of the case are that the petitioner joined the service of Central Reserve Police Force as a Constable/General Duty in the year 2011 and he had availed earned leave w.e.f. 20/6/2014 to 20/7/2014. It is the specific case of the petitioner that the petitioner applied for extension of his leave on medical ground and that on 24/7/2014, he was informed that the said request has been rejected. Accordingly, on 26/7/2014, the petitioner proceeded to Dhubri to join his duty by travelling in the North East Express train. However, while he was travelling in the said train on 27/7/2014, the Government Railway Police, Fatehpur arrested him along with another person on the basis of an FIR lodged by a co-passenger to the effect that the petitioner and other person had scuffled with the brother of the informant. It is the specific case of the petitioner that the GR Police Station Fatehpur accordingly informed the Office of the respondents on 28/7/2014 about his arrest, whereafter, the respondents by an order dtd. 8/8/2014 placed the petitioner under deemed suspension w.e.f. 27/7/2014. It is the further case of the petitioner that after the petitioner reported back to his unit on 13/8/2014 on being released on bail, the said suspension order was revoked by an order dtd. 26/8/2014. It is the case of the petitioner that pursuant to an enquiry constituted and the Enquiry Officer having submitted its report on 2/2/2015, the petitioner was removed from service w.e.f. 30/3/2015 by an order dtd. 30/3/2015 passed by the disciplinary authority. Situated thus, the present writ petition has been filed.