RAKESH YADAV Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The instant writ petition has been filed, inter alia, seeking quashing of order dtd. 14/2/2012 (Annexure P-8) passed by respondent No. 4, terminating the services of the petitioner and assailing appellate order dtd. 4/8/2012 (Annexure P-10)whereby the termination order was upheld by the Appellate Authority and revision order dtd. 4/4/2013 (Annexure P-12, whereby revision petition against appeal was held as not maintainable.

(2.) Brief facts first. The petitioner was recruited as Constable- General Duty at Group Centre, Central Reserve Police Force (CRPF), Allahabad, Uttar Pradesh. He was sent for training to Training Centre, Neemuch (Madhya Pradesh). The petitioner sought leave for 3 days i.e. from 6/2/2011 to 8/2/2011 to attend to his mother who was seriously ill, which was sanctioned. However, due to a pending criminal case against the petitioner and his family members under Ss. 323 and 147 of Indian Penal Code, 1860, he could not return back on time. Having compromised the said case, the petitioner eventually reported back after a gap of 23 days.

(3.) Instead of letting the petitioner rejoin training, he was transferred to Group Centre, CRPF, Sindri, Dhanbad (Jharkand) on 23/3/2011, to be proceeded against for the un-sanctioned leave and also for not disclosing that a criminal case was pending against him in his application form at the time of recruitment. The Deputy Inspector General while looking into the matter passed a detailed order dtd. 30/6/2011 (Annexure P-5). Relevant part is reproduced hereinbelow :-