MUSHTAQ AHMAD KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner was serving as Constable in Central Reserve Police Force (CRPF) since 2007. He has been dismissed from services on the charge that he remained absent from his duties. He alleges that he has been dismissed without conducting any enquiry as was required under the provisions of CRPF Act of 1949 (Act) and CRPF Rules 1955 (Rules) and, therefore, his dismissal from services is in violation of constitutional safeguards which prescribes procedure to be adopted before imposing punishment of dismissal. Petitioner has sought issuance of writ of certiorari to quash the Order of dismissal dtd. 4/2/2011 (Annexure A with writ petition), and writ of mandamus to direct respondents to restore services of petitioner with all consequential benefits.

(2.) The case set up by the petitioner in the petition is that on 15/5/2010, he applied for earned leave which was granted to him upto 5/6/2010. During the said period, he developed serious ailments of kidney which was reported by him to the authorities and that he would report back when he would recover from ailment. The earned leave granted to him was availed by him on account of ailment of his parents. During the said period, his parents who are old aged and his wife also suffers from various diseases and he being the only source of sustenance and the elder one in the family was duty bound to take care of the ailments of his parents. The respondents, however, have in haste dismissed him from the services vide order dtd. 4/2/2011. The said order of dismissal has been issued by the Commandant by invoking Sec. 11 Subsec. (a) read with Sec. 27 of the Act, and he was declared as deserted by virtue of the Force Order No.2/2010-D dtd. 13/11/2010. Under the provisions of the Act and the Rules, a detailed enquiry was required to be conducted before imposing punishment of dismissal from services which has not been followed or adhered to by the respondents before passing the order impugned.

(3.) Petitioner challenges order of dismissal on the following grounds which are detailed in the writ petition: