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2021 Supreme(Gau) 307

KALYAN RAI SURANA
FORCE NO. 041703192 CT/GD HITESH DEKA S/O- BIPIN DEKA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R. Mazumdar, Advocate.
For the Respondent: Mr. H. Gupta CGC.

JUDGMENT :

Heard Mr. R. Mazumdar, learned counsel for the petitioner and Mr. H. Gupta, learned CGC appearing for all the respondents.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the order dated 10.07.2020, by which he was put under suspension, which was extended from time to time; further praying for reinstating him in service with all benefits including arrear pay and continuity in service from 29.01.2020; further praying for setting aside the memorandum of charges dated 31.08.2020 in so far as it relates to the petitioner; and the petitioner has also made a prayer for restraining the respondents from proceeding against the petitioner.

3. The learned counsel for the petitioner has submitted that the case projected in this writ petition is that he is working as a Constable (General Duty) in Central Reserve Police Force (CRPF for short) since the year 2004. At the relevant point of time, the petitioner was posted at 178 Bn., CRPF, presently located at Jammu & Kashmir. The petitioner had applied for earned leave to visit his home, which was duly sanctioned by the competent authority with effect on and from 18.12.2019 to 31.

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