Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner has inter -alia prayed for issuance of a writ in the nature of certiorari for quashing the order dated 05.10.2010 passed by Revisional Authority, Inspector General of Police, CRPF affirming the order dated 02.04.2003 and the order dated 13.09.2003 passed by the Disciplinary Authority and the Appellate Authority pertaining to dismissal from services and for direction commanding the respondents to reinstate the petitioner on the post with all consequential benefits in accordance with law.
(2.) The brief facts as disclosed in the writ application, is that the petitioner was initially appointed on 08.04.1991 as Constable (G.D.) in CRPF, since the date of appointment, the petitioner continued to discharge his duties to the utmost satisfaction of his superior authorities. On 09.03.2002, the petitioner suffered from severe pain and swelling in his foot and requested to Company Commander to send his sick report to company Doctor for treatment. However, Company Commander directed him to go and join 140 Battalion but the petitioner expressed his inability to wear shoes dress. Thereafter, the petitioner was treated by Dr. S.K. Verma and the said fact was entered in sick report register. On 11.03.2002, the petitioner' sick report was sent to the doctor of CRPF for further check up and the doctor of said battalion prescribed medicine. Inspite of the fact that the petitioner was very much suffering with pain and swelling in his feet from 09.03.2001 to 16.03.2001 and the doctor had prescribed medicine and advised for full rest and excused boot, the Company Commander insisted the petitioner to join 140 Battalion. After recovering from illness, the petitioner joined his duty on 27.07.2002. While the petitioner was on his active duty at Katra, Udhampur Station, he has received information about the death of younger brother and again allowed 15 days leave by Company Commander from 23.08.2002 to 10.09.2008. Thereafter, the petitioner came on leave to his Village for attending the rituals of his younger brother but unfortunately fell ill. Thereafter, petitioner was referred to Sadar Hospital, Motihari for medical treatment. The petitioner was under treatment in Sadar Hospital, Motihari from 14.09.2002 to 31.03.2003 thereafter, he was discharged to resume his duty. After discharge, the petitioner went to his duty at Head Quarter on 02.04.2003 with his all medical prescription and certificates but was asked to return as he has been dismissed from services by office order by Commandant, Battalion 3 C.R.P.F. Thereafter, the petitioner received the order of dismissal dated 02.04.2003 at his village. Being aggrieved order of dismissal filed an appeal on 22.04.2003 under Rule 28 of the C.R.P.F Rules before the respondent No. 2 and respondent No. 2 vide order dated 13.09.2003 dismissed the appeal. Against the order of disciplinary authority and appellate authority, the petitioner moved this Court in W.P.(S) No. 210 of 2004 and the said writ petition was disposed of by the order dated 07.05.2009 with an observation to petitioner to move the revisional authority. Against the order of the learned Single Judge, the petitioner preferred LPA No. 262 of 2009 and the order of learned Single Judge has been affirmed. The petitioner preferred revision before the IG of Police, C.R.P.F and the revisional authority dated 05.10.2010 affirmed the order of dismissal. Being aggrieved of the order of disciplinary authority dated 02.04.2003 and the order dated 13.09.2003 passed by the appellate authority and the order dated 05.10.2010 passed by the revisional authority, the petitioner left with no other alternative efficacious and speedy remedy, has approached this Court invoking extraordinary jurisdiction under Article 226 of the Constitution of India for redressal of his grievances.
(3.) Per -contra a counter -affidavit has been filed on behalf of the respondents controverting the averments made in the writ applications. In the counter -affidavit, it has been inter -alia submitted that after recovering from illness, the petitioner joined and was detailed to proceed 140 Battalion CRPF for attachment but refused the lawful orders and straightway denied to receive the movement order. He also loudly used filthy language to Officer Commanding E/3 Battalion CRPF and also indulged as misconduct in an indisciplined manner. Due to above enquiry report order passed against him vide office memo dated 04.09.2002 on the charges of misconduct and disobedience of lawful order. The petitioner applied for 15 days casual leave due to death of his brother duty on 10.09.2002 but again he overstayed from leave without any information/approval by the competent authority. Thereafter, the charges framed against him was sent at his home address through Registered letter dated 24.09.2002 directing him to appear before the E.O. Failing which ex -parte departmental enquiry shall be commenced against him. But the petitioner did not turn up for duty. In these circumstances, the departmental enquiry was conducted ex -parte by the Enquiry Officer. The enquiry officer himself also sent several letters dated 07.10.2002, 01.11.2002, 10.12.2002, 02.01.2003 and 03.02.2003 to appear before the Enquiry officer and to prove his innocence and to produce evidence in his favour. Neither the petitioner reported back nor responded the correspondence made by the enquiry officer. In view of the said facts ex -parte departmental enquiry was conducted by the enquiry officer and proceedings were submitted to the disciplinary authority on 13.03.2003 for further action and after carefully going through the departmental inquiry proceedings and before passing the final orders on the departmental enquiry report of the inquiry officer was sent to his home address giving him 15 days time to report or produce any documents in his defense. In response, the petitioner sent an application along with medical documents issued to him by the private hospital and requested for extension of leave up to 20.03.2003. On expiry the time limit and after careful examination of the departmental enquiry proceeding all the charges levelled against the petitioner have been proved beyond any doubt. Accordingly, final orders were passed on the departmental enquiry and the petitioner was dismissed from services vide office order dated 02.04.2003 which has been affirmed by the appellate authority as well as revisional authority.;