- (1.) Narayan Chandra Mohapatra is before this Court for quashing the impugned order dated 23.12.2010 passed by the Inspector General of Police, Central Sector, Central Reserve Police Force, Lucknow (UP)-respondent no.1, by which he has rejected the appeal dated 22.9.2010 filed by the petitioner under Rule 29 of Central Reserve Police Force Rules, 1955.
(2.) Record in question reflects that the petitioner was recruited as Constable in Battalion No.93 of Central Reserve Police Force at Bhuvaneshwar on 5.5.1989. From the years 1989 to 1997 the petitioner was initially posted in the State of Punjab and in Srinagar in the State of Jammu and Kashmir. Thereafter the Battalion was shifted to sensitive areas of Manipur in the year 1997. While posted in the State of Manipur in the year 1997, the petitioner was subjected to a disciplinary enquiry and was dismissed from service. Consequently, he had filed statutory appeal, which was also rejected. Thereafter, he had proceeded to challenge both the orders before Hon'ble High Court of Orissa by filing a petition being O.J.C. No.8032 of 1999, which was disposed of on 12.7.2006 with a direction to the authority concerned to re-consider the defence of the petitioner. In compliance of the aforesaid order, the appellate authority re-considered the matter and partly allowed the appeal on 19th October, 2006 with a direction for his reinstatement in service, and the payments for the period, during which the petitioner remained out of service, was denied. The petitioner challenged the order dated 19.10.2006 to the extent he was denied salary on the principle of 'no work and no pay' in Writ Petition (C) No.8777 of 2007, which is stated to be still pending.
(3.) On 10.11.2006 the petitioner was transferred to 123 Battalion at Srinagar in the State of Jammu & Kashmir and in September, 2007 he was transferred to Balaghat camp in the State of Chandigarh from where he sought voluntary retirement and pension in March, 2009. The petitioner was going to attain 20 years of service by 5th May, 2009. The petitioner's application was not considered and the petitioner was transferred to Group Centre, C.R.P.F. at Allahabad on 15.6.2009 from where he moved his application for voluntary retirement. The petitioner had successfully completed the Section Commander Course in the year 2007 from the Central Training College City-C-III, Mudkhar, Maharashtra and the petitioner became qualified for promotion as Havildar. Since the said application was kept pending, therefore, he made a request to the authorities to consider the same, even though his promotion was due.;