ARVIND KUMAR SINHA Vs. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI

JUDGEMENT

(1.) The present writ petition has been preferred by the Petitioner seeking a writ of mandamus for quashing the direction issued by Respondent No. 2 dated 1st January, 2002, whereby, the Respondents have directed the Petitioner to make payment of Rs. 1,46,380/-, as the Petitioner has resigned from Central Reserve Police Force in February, 2001. This demand has been made under Rule 17A of the Central Reserve Police Force Rules, 1955 (in short "the Rules, 1955" for the sake of brevity)

(2.) Learned Counsel for the Petitioner has argued out the case, in much detail, and mainly submitted that the Petitioner had joined the Central Reserve Police Force with effect from 1st December, 1994.

(3.) The terms of appointment have already been referred in the letter of appointment, given to the Petitioner, which is at Annexure 1 to the memo of petition, which refers the fact that if the Petitioner resigns within three years on completion of training, the Petitioner will have to make payment of three months' pay and allowances or the actual cost of training, whichever is less. The Petitioner has served for more than six years and, therefore, as per the terms of appointment, the Petitioner is liable to make payment of three months' pay and allowances, because that amount is lesser than the actual cost of training.