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2016 Supreme(J&K) 94

JANAK RAJ KOTWAL
Ganesh Pundlik Rao Waghmode – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Anil Mahajan, Advocate
For the Respondents: Danish Butt, CGSC

JUDGMENT :

Janak Raj Kotwal, J.

1. Petitioner was a Constable in CRPF (for short the Force). He was posted in 136 BN, Bantalab, Jammu. He availed 15 days' paternity leave with effect from 08.10.2001 to 22.10.2001. He should have reported to duty on 23.10.2001 but he overstayed the leave. The Commandant of the Battalian, herein respondent No. 5, vide order No. P-VIII-1/02-EC-II dated 28.09.2002 awarded punishment of 'dismissal from service' with immediate effect to the petitioner. The first Appellate Authority rejected the appeal filed by the petitioner vide his order No. R-XIII-1/2003-EC-III dated 24.07.2003. Likewise, the revision filed by the petitioner was also dismissed vide order No. R-III-136/2004-Adm.III dated 23.04.2004 and another petition filed by him was rejected vide order dated 27.01.2005.

2. Petitioner by the medium of this writ petition seeks writ of certiorari quashing all the aforementioned orders as also a writ of mandamus directing the respondents to pay him his wages, allowances etc., and consider him on duty.

3. Heard. I have perused the record.

4. The case set up by the petitioner is that he had sent a communication through Registered Post for extension of leave as




































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