NEERAJ GOLIYAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant writ petitioner (hereinafter to be referred to as 'the petitioner') being aggrieved of order dated 26.11.2014 handed down by the learned Single Judge in WP(S) No. 1020 of 2011, has preferred the instant Letters Patent Appeal, in which there was delay of 30 days, the condonation thereof sought through I.A. No. 1409 of 2015, stands allowed vide, separate order of even date.

(2.) We, with the consent of the learned counsel for both sides, have taken up the main appeal for its consideration.

(3.) The petitioner was appointed on the post of constable in the Central Industrial Security Force (CISF) on 24.04.2003. Initially, he was on probation for two years, which was extended subsequently. The petitioner had indulged in gross indiscipline, misconduct, dereliction of duty, deliberate violation of lawful order and that he also deserted the unit line with effect from 24.9.2006 to 18.12.2006 (in all 86 days) without prior information and permission of the competent authority, for which, memorandum of charge was served upon him giving him opportunity to respond to those charges. Ultimately, vide order dated 19.02.2007, his services were terminated under Rule 25(2) of the Central Industrial Security Force Rules, 2001 (for short 'CISF Rules, 2001'). The petitioner filed representation against the order of termination dated 19.02.2007, which was considered by the appellate authority, but to no advantage to the petitioner.