SATISH KUMAR GAJBHIYE Vs. SECRETARY TO GOVT

JUDGEMENT

(1.) THE applicant filed the present O.A. challenging the impugned order dated 1. 11 .2003 issued by the third respondent which is confirmed by the first respondent by order dated 22.12.2003 and sought for setting aside the same holding that they are violative of Articles 14, 16 and 21 of the Constitution of India read with the provisions of the Indian Police Service (Probation) Rules, 1954 and the All India Services (Leave) Rules, 1955 and for directing the respondents to permit him to undergo the remaining part of his training with the next batch i.e. 56 RR batch and not the entire training.

(2.) The facts which are not disputed are, briefly, as follows:

(3.) THE respondents filed their reply statement mainly contended that the applicant was required to undergo basic training at the Police Academy from 23.12.2002 to 31,10.2003 by attending all the prescribed training activities and also to appear in all the periodical and final examinations prescribed under the I.P.S. (Probationers' Final Examination) Rules, 1999 (for short, Examination Rules, 1999) before undergoing further prescribed attachment and practical training in the State to which he is posted. THEy further contended that the applicant missed the training from 11.8.2003 and has not appeared for the prescribed final examinations scheduled from 15.9.2003 to 27.9.2003 and from 14.10.2003 to 18.10.2003 during the basic training period in the Academy. THE Academy, therefore, vide letter dated 9.10.2003 reported the matter to the MHA and proposed to stop the training of the applicant with the 55 RR batch and direct him to repeat the whole training along with the next (56 RR) batch of IPS probationers commencing from 22.12.2003 as envisaged vide para 4 of the guidelines of the Ministry of Home Affairs issued vide letter dated 4.2.1994. THE MHA vide their letter dated 29lh October, 2003 intimated that as the requisite powers to stop the training of the probationers due to long period of absence and to ask him to attend training with subsequent batch are already delegated to the Director of the Academy vide letter dated 4.2.1994, directed the Academy to issue necessary orders in this regard under intimation to the State Government concerned and the M.H.A. In the meantime the applicant reported for training at the Academy on 30.10.2003. As the 44 weeks basic course of 55 RR batch was concluding on 31.10.2003 and on conclusion of the basic course of the batch, the passing out parade of the IPS Probationers was scheduled on 21.11.2003, on the basis of the approval of M.H.A. dated 29.10.2003, the Academy vide its order dated 1.11.2003 issued orders releaving the applicant from the Academy on 1.11.2003 A.N. and directed him to repeat the whole training with the next 56 RR batch of IPS Probationers commencing in the Academy from 22.12.2003. THE respondents therefore contended that the decision taken by the Academy in the above circumstances is legal, valid and in conformity with the rules and instructions in force, since absence of the applicant from the prescribed basic training for 80 days out of 44 weeks, i.e. 25.5% of the total training period, it was considered as long absence. THE applicant missed the vital part of the training programme in the Academy and also missed the final examinations in all the compulsory indoor subjects and most of the compulsory outdoor subjects, qualifying subjects and also in the periodical examinations prescribed under the Final Examination Rules, 1999. THE applicant appeared in the final examinations in Physical Training, carrying 60 marks and failed in the subject. Further he failed in the periodical examinations in Physical Training and PPT and again failed in the re-examination conducted for him in these two subjects. His case was referred to M.H.A. and the M.H.A. in turn gave him one final chance to clear the periodical tests in PT and PPT. THE respondents, therefore, contended that the action taken by them is not in violative of Articles 14 and 16 of the Constitution of India read with the prescribed rules and the Leave rules.