UNION OF INDIA Vs. GAGAN PRASAD

JUDGEMENT

(1.) The Union of India through the Secretary, Department of Home, Government of India, New Delhi and the Inspector General of Police, CRPF, Bihar Cadre and others have preferred the present Letters Patent Appeal against the judgment and order dated 9.9.2009 passed by the Writ Court in CWJC No. 8343 of 2009, whereby the Writ Court directed the respondent-appellants herein to accept the joining of the petitioner-respondent herein holding that the petitioner-respondent would be deemed to be in regular service as a General Duty Constable pursuant to the selection process of 2002.

(2.) The factual matrix of the case in brief, lies in narrow compass. The writ petitioner respondent herein applied for recruitment as Constable General Duty in CRPF pursuant to advertisement dated 13.08.2002 and on passing through the selection process, interview and medical test, he was issued with an appointment letter and he reported the Group Centre, Muzaffarpur on 16.07.2003. Subsequently, the writ petitioner-respondent fell sick and was treated at CRPF Hospital, Muzaffarpur on 3.9.2003 and at S.K. Memorial Hospital, Muzaffarpur on 8.9.2003. On 14.9.2003 he left for his home and again reported on 20.10.2003. The writ petitioner thereafter left the Group Centre campus without any information and did not report back for duty.

(3.) In the meanwhile, in connection with large scale of complaints, it appears that Central Bureau of Investigation raided the Group Centre, Muzaffarpur on 26.9.2003 and all the dossiers and connected documents of the candidates including the writ petitioner-respondent were seized for investigation. Thereafter on 28.3.2004 following the CBI raid and pending investigation into the illegality in the selection process, all candidates under cloud were sent back to their home with instruction that they will be intimated about the outcome of the investigation. Subsequently, the CBI returned the dossiers and those candidates who were sent back on 28.2.2004, were intimated about the outcome of the investigation, called back from their homes and they were taken back in their services.