MOHD AKARAM Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) Heard Sri Ambrish Chatterji, Advocate, holding brief of Sri Vijay Gautam, Advocate, for petitioner; and, learned Standing Counsel and Sri S.K. Rai, Advocate, for respondents.

(2.) Petitioner, Mohammad Akaram, a Constable in Central Reserve Police Force (hereinafter referred to as "CRPF") has filed this Writ Petition under Article 226 of Constitution of India assailing order dated 09.09.2004 passed by Commandant, 72 Battalion, CRPF, Old Court, Chass Bokaro (Jharkhand) imposing punishment of dismissal from service and declaring his period of absconding from 17.10.2003 to 05.03.2004 as "Dies Non". Petitioner's appeal has also been rejected by Deputy Inspector General, CRPF vide order dated 14.04.2005 and Revision has been rejected by Inspector General of Police, CRPF, Lucknow vide order dated 31.10.2005 and these two orders are also under challenge. Petitioner has further sought a writ of mandamus commanding respondents to reinstate him with all consequential benefits.

(3.) Facts in brief, giving rise to present writ petition, are that petitioner was selected and appointed in CRPF as Constable (G.D.) where he joined on 27.04.2000 at Group Center, CRPF, Lucknow. In the year 2002, when he was posted at Head Quarter 72 Battalion, CRPF, Kumlong, West Tripura, he remained absent from duty in August, 2002, unauthorizedly, hence awarded 30 days confinement of Quarter Guard. On 29.07.2003, he went under treatment at Base Hospital-3, CRPF and fitness certificate was issued on 07.08.2003 with effect from 08.08.2003 duly signed by Chief Medical Officer.