- (1.) The Appellant, a Constable of the Central Reserve Police Force, is in appeal against the judgment of a learned single Judge dated 28.7.2010 whereby his challenge to the termination order dated 7th July, 2010 has been declined on the ground of availability of an alternative remedy of filing an appeal under the Central Reserve Police Force Rules, 1955.
(2.) The Appellant was recruited in the year 1989 and while posted in Manipur in the year 1997, he was subjected to a disciplinary enquiry and was dismissed from service. The appeal filed against the same was also dismissed whereafter he approached the High Court of Orissa by filing a petition being O.J.C. No. 8032 of 1999, which was disposed of with a direction to reconsider the defence of the Appellant. The appellate authority partly allowed the appeal on 19th October, 2006 with a direction for his reinstatement in service, and payments for the period during which the Appellant remained outside service was denied. The said order was challenged claiming salary, which petition is stated to be still pending.
(3.) The Appellant was transferred to Srinagar (Jammu and Kashmir) and thereafter to Balaghat, Chhatisgarh from where he sought voluntary retirement and pension in March, 2009. The Appellant was completing 20 years of service in May, 2009 and thereafter he opted for the aforesaid retirement. He was transferred to Group Centre, C.R.P.F. at Allahabad on 15th June, 2009 from where he moved his application for voluntary retirement. The Appellant alleges that since the said application was pending, therefore, he made a request to the authorities to consider the same even if he was due for promotion.;