1. Additional DIGP, GC, CRPF, Bantalab, Jammu, herein respondent no.3, issued letter no. RII.1/2005-EC-5 whereby offer of appointment for the post of Constable (GD) in CRPF was made to the petitioner. In this letter it was mentioned inter alia that the appointment is purely temporary and subject to verification of petitioner's educational and caste certificates. It was further mentioned in that letter that on appointment, the petitioner will be governed by CRPF Act, 1949 and Rules of 1955 and other Central Government Rules/Instructions as applicable to the members of the force issued from time to time. It was mentioned also that the petitioner will not leave camp under any circumstances without proper permission of the competent authority and further that no leave of any kind will be granted to the petitioner till completion of basic training. It was also mentioned that if petitioner is found unfit for recruit's basic training and do not complete it successfully his services were liable to be terminated.

2. Pursuant to and in furtherance of the offer letter, the petitioner was enrolled as Constable (GD) in CRPF (for short, the Force) on 05.12.2005 under Force No.050020128 and sent to RTC-IV, CRPF, Srinagar for basic training commencing from 16.06.2006. During the training period, the petitioner was granted fifteen days leave from 01.01.07 to 15.01.07 by the RTC-IV.

3. On 07.03.07, respondent no.3 issued order no. P-VIII-I/2007-EC-II whereby services of the petitioner were terminated with immediate effect in terms of proviso to sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 (for short, Rules of 1965) providing further that the petitioner shall be entitled to claim a sum equivalent to the amount of his pay plus allowances for the period of notice at the same rate at which he was drawing immediately before termination of his service, or, as the case may be, for the period by which such notice falls short of one month.

4. Feeling aggrieved and dissatisfied with his termination, the petitioner has filed this writ petition to seek issue of a writ:

i) to annul and quash the termination order no. P-VIII-I/2007-EC-II dated 07.03.07 and

ii) to command and direct the respondents to allow the petitioner to resume his duties with all consequential benefits.

5. The petitioner has impugned the legality and correctness of the termination order on following grounds:

a) that the petitioner is a member of the Force and his conditions of service are governed by a Special Statute, namely, the Central Reserve Police Force Act, 1949 (for short, the Act of 1949) and hence his termination under the Rules of 1965 is wrong and illegal;

b) that the termination order has been issued without holding any enquiry against the petitioner inasmuch as neither any show cause notice was issued to him nor his reply to explain his position was sought and hence the order is arbitrary, illegal, violative of the principles of natural justice and is hit by Article 311 of the Constitution of India.

c) that neither notice pay has been paid to the petitioner nor the notice has been served upon him and

d) that the termination order casts a stigma on the petitioner as the same is silent about the reasons of termination from the force even though the petitioner was prevented by a sufficient and reasonable cause from resuming his duties.

6. It is contended by the petitioner that after availing the leave, he had left his house on 16.01.2007 to join his duties. En route at Awantipora (Kashmir) he became unconscious on seeing an accident and was rushed to the training centre. After remaining under treatment in departmental hospital Hamana (Unit line) from 17.01.07 to 24.01.07 he was shifted to Composite Hospital, CRPF Bantalab, Jammu on 26.01.07. He was referred to the Government Medical College Hospital where he remained under treatment from 27.01.07 to 13.02.07. He remained under treatment in the Composite Hospital Bantalab from 13.02.07 to 27.02.07 a

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