JITENDRA KUMAR YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioner seeks quashing of the order dated 30.06.2004 issued under the signature of Commandant, 3 Signal Battalion, Central Reserve Police Force, Salt Lake Kolkata by which the petitioner was terminated from the service under Proviso to sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 and further to quash the order passed in appeal by the Directorate General, Central Reserve Police Force, CGO Complex, Lodhi Road, New Delhi dated 13.04.2005, whereby the order of dismissal of the petitioner is confirmed.

(3.) The petitioner was appointed on 10.07.2003 as Head Constable/Radio Operator bearing no. 034031236 in 3 Signal Battalion, Central Reserve Police Force. The petitioner had to undergo basic training for five months and, thereafter the petitioner had to undergo technical training for ROG-III from 23.11.2003 to 01.05.2004, but he fell ill and he was admitted in police hospital with effect from 04.12.2003 to 11.12.2003 and the doctor advised him to rest for eight days. The petitioner applied for further leave, but he was asked to join the training. The petitioner sent the medical certificate duly issued by the Chief Medical Officer, Chapra who recommended for 15 days rest. The petitioner again sent application for leave along with medical certificate on 21.01.2004. The petitioner reported back on 04.03.2004 and he was again detailed to the next batch for technical training commencing from 29.03.2004 to 10.12.2004. The petitioner while undergoing training, again fell ill on 01.04.2004 and remain in hospital till 12.04.2004. The petitioner was advised to take rest from 12.04.2004 to 25.04.2004, but the physical condition of the petitioner deteriorated and he could not join his duty. The petitioner sent application for leave and again came on 12.06.2004 to join his duty but again he proceeded for leave on 16.06.2004. The petitioner was diagnosed and was found suffering from Masked Depression, but the service of the petitioner was terminated vide order dated 30.06.2004. The petitioner preferred appeal and the Directorate General, Central Reserve Police Force, CGO Complex, Lodhi Road, New Delhi on 13.04.2005 confirmed the order of his termination issued under the signature of Inspector General (Prov and Comn).