Sunil Ambwani, J. - (1.) HEARD Sri Indra Prasad Yadav, learned counsel for the petitioner and Sri Desh Deepak Srivastava, Additional Standing Counsel, Central Government.
(2.) BRIEF facts giving rise to this writ petition filed by P. Arvindan, Ex. Constable (GD), Central Reserve Police Force (CRPF) with a prayer to quash the order dated 10.2.1998 by which he has been dismissed from service, and the Appellate and Revisional orders dated 15.3.1999 and 30.9.2001 passed by Deputy Inspector General of Police, Patna and Inspector General of Police, Eastern Section, CRPF Patna, are set out as below. The petitioner was recruited as Constable (General Duty) in C.R.P.F. and after completing training for one year at Palipuram Trivendrum, joined at Bangalore on 5.4.1990. He had earer served at Amritser, Bhatinda, Patna, Chandigarh, Jammu and Kashmir and was last posted at Golpara in Assam. He proceeded on two month's leave on 28.7.1997. While on leave he suffered from hepatitis infection, commonly known as Jaundice. He was advised rest and requested for another two and half months leave. An arrest warrant was issued against him by the commandant, 4th Bn. C.R.P.F. District Kokrajhar which compelled him to join. He was not paid his salary from 30.12.1997. On 10.1.1998 he was placed under suspension with a proposal of a departmental enquiry to be conducted against him for unauthorized absence after availing the sanctioned leave. On 4.2.1998 or his way back from interview he was arrested.
(3.) ON 5.2.1998 the Assistant Commandant of the Unit lodged a complaint against him alleging that on 4.2.1998 at 21.30 hours the petitioner had gone to the residence of the Commandant and had threatened to kill the Commandant and his family by joining ULFA and LITTE.;