AMARESHWAR SAHAY, J. - (1.) HEARD the counsel for the parties.
(2.) THE Petitioner, a Constable in C.R.P.F., has been terminated from service by issue of order dated 11.9.2006 after prior notice of one month. The said order of termination has been challenged by the Petitioner in this writ application. The facts in short are that the Petitioner was appointed as a Constable in C.R.P.F. and then he was sent for training to Chennai C.R.P.F. Centre. During the training period itself the Petitioner absented unauthorized and absconded on and from 31.5.2006 itself by abandoning the training without any intimation and for that an FIR was lodged by the Respondents and a letter was also sent to the father of the Petitioner on 17.6.2006 to send the Petitioner back for training if he had reached his village home. When nothing was heard and the Petitioner did not report then a notice for termination of service was issued against the Petitioner on 11.8.2006 under Rule 5, Sub -rule (1) of C.C.S. (Temporary Service) Rules, 1965 intimating that after expiry of one month 's notice period the Petitioner may be terminated from service. Ultimately, after expiry of one month from the date of notice the Petitioner was terminated from service on 11.9.2006.
(3.) IT is stated on behalf of the Petitioner that against the said order of termination he filed a mercy appeal before Respondent No. 2, i.e. Inspector General of Police, CRPF, Digha, Patna through a Member of Parliament but when no order was passed on his mercy appeal he filed the present writ application.;