DEVASHISH CHOUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the counsel for the parties. The petitioner, a Constable in C.R.P.F., has been terminated from service by issue of order dated 11/09/2006 after prior notice of one month. The said order of termination has been challenged by the petitioner in this writ application.

(2.) THE facts in short are that the petitioner was appointed as a Constable in C.R.P.F. and then he was sent for training to Chennai C.R.P.F. Centre. During the training period itself the petitioner absented unauthorizedly and absconded on and from 31/05/2006 itself by abandoning the training without any intimation an i for than an F.I.R. was lodged by the respondents and a letter was also sent to the father of the petitioner on 17/06/2006 to send the petitioner back for training if he had reached his village home. When nothing was heard and the petitioner did not report then a notice for termination of service was issued against the petitioner on 11/08/2006 under Rule 5, Sub -rule (1) of CCS. (Temporary Service) Rule 1965 intimating that after expiry of one month's notice period the petitioner may be terminated from service. Ultimately, after expiry of one month from the date of notice the petitioner was terminated from service on 11/09/2006.

(3.) MR . Mahesh Tewari, learned Counsel appearing for the petitioner mainly argued that since the petitioner fell ill and, therefore, he came back to his village home and, thereafter, he could not join the training. In such a situation a sympathetic view be taken and the petitioner may be allowed to be reinstated. The punishment of termination from service is very harsh.