RAKESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 7/8/2010 (Annexure P-7), order dtd. 9/11/2009 (Annexure P-6) and order dtd. 9/5/2009 (Annexure P-5) whereby he has been dismissed from service on account of desertion.

(2.) The petitioner on 26/2/2003 joined Central Reserve Police Force ('CRPF') as Constable. The petitioner during 2004 to 2007 was subjected to multiple punishments. The detail of punishments awarded to petitioner, as noticed in reply of the respondent, during 2004 to 2007 is reproduced as below:

(3.) The petitioner on 19/11/2008 went to his home without obtaining permission from the competent authority. The petitioner was declared deserter. The respondent, from time to time, sent notice to the petitioner but he did not join. On the asking of respondent, the petitioner was arrested by local police and handed over to CRPF Gurugram on 27/12/2008. The petitioner was served charge sheet and thereafter, respondent after conducting regular inquiry held the petitioner guilty of desertion. The petitioner by order dtd. 9/5/2009 (Annexure P-5) came to be dismissed from service. The petitioner unsuccessfully preferred appeal as well as revision before higher authorities. The petitioner is assailing order of dismissal as well as appellate and revisionary order.