RAHUL KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) By way of this petition, petitioner seeks for issuance of a writ in the nature of certiorari for quashing the impugned order 18.12.2014 (Annexure P-2) vide which his services have been terminated and for issuance a writ of mandamus directing the respondents to reinstate the petitioner with all consequential benefits.

(2.) Succinctly, facts are that the petitioner was enrolled as Const/AT in ITBPF on 06.05.2014 and had been performing his duties. After appointment he was sent to Karera (MP) for training after which petitioner came back from Karera to Bonda Sarahan (HP) on 29.09.2014. The petitioner alongwith two others was sent to Delhi vide order dated 11.11.2014 where they immediately joined the office. Thereafter the petitioner was having some medical problem and he was admitted in hospital for treatment. He was not absent from 04.12.2014 to 18.12.2014, but inadvertently he was unable to attend the Roll call proceeding on 04.12.2014 because of some medical problem. But due to some wrong information given to the office of Bona Sarahan (HP)-respondent No.3, services of the petitioner terminated vide order dated 18.12.2014 without giving him proper opportunity of hearing. The petitioner was under treatment and doctor had advised MRI as is evident from the prescription slip dated 15.12.2014 (Annexure P-4). The payment of the charges of test was also deposited in cash on 17.12.2014. Learned counsel for the petitioner also submits that the petitioner was on night duty on 01.01.2015 to 02.01.2015 and this fact can be verified from the dispatch register.

(3.) The petitioner also submitted a representation dated 19.01.2015. Pursuant to that representation respondent No.2 has issued memorandum to the authority for re-considering his case, as they themselves admitted that the order passed by the Commandant, 43rd Bn is not a speaking order. But no action has been taken. Hence, the present writ petition.