RAJAT MAHATA Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This writ application has been filed by one dismissed employee of Central Reserve Police Force (CRPF, in short, hereafter). The back ground of the case is as follows.

(2.) It was alleged against the writ petitioner that on 17th October 2009 at about 6.00 hours the petitioner deserted from his Camp at Salt Lake, Kolkata. As he was not found nearby F.I.R. was lodged against him and a warrant of arrest was issued against him by the Commandant of the concerned Battalion on 21.10.2009. The petitioner was also directed by the employer by sending order at his home address on 26th October, 2009 to report back to his duty immediately. But the petitioner failed to report for duty and remained wilfully absented without any permission of the competent authority. The petitioner on his own reported at the Battalion on 10th November, 2009 and on 11th November, 2009 the warrant of arrest was cancelled.

(3.) Such desertion was viewed as a serious misconduct of the petitioner and a departmental enquiry was initiated under Rule 27 of Central Reserve Police Force Rules, 1955.