The termination of the petitioner's services was justified under the applicable rules and regulations.

JUDGMENT :

SANJEEV KUMAR, J.

1. In this writ petition filed under Article 226 of the Constitution of India, the petitioner has, inter-alia, prayed for the following reliefs:

“(i) Writ of Certiorari quashing order dated 19.03.2013 passed by respondent No. 3 without holding an enquiry and affording the petitioner an opportunity of being heard.

(ii) Writ of Certiorari quashing order dated 24.07.2014 passed by respondent No. 2 rejecting the appeal of the petitioner in violation of the principles of natural justice and without giving him an opportunity of being heard.

(iii) Writ of mandamus commanding upon the respondents to allow the petitioner to resume his duties/training at CRPF Training Centre in Kerala.

(iv) Writ of Mandamus commanding upon the respondents to allow the petitioner to join his training/services in Kerala and also grant all consequential benefits.

(v) Writ of Mandamus commanding upon the respondents to constitute a Medical Board for examination of the petitioner for his medical fitness in the Central Reserved Police Force.”

2. Facts in brief leading to the filing of this writ petition are: the petitioner was enrolled in CRPF as constable in August 2012 and joined his training at Training Centre in Kerala on 25.09.2012. During his training, the petitioner fell ill and was sent back to Group Centre Bantalab, Jammu on medical ground. He proceeded on three days earned leave w.e.f. 27.11.2012 to 29.11.2012 and during this period, the petitioner got him examined in the Government Medical College Hospital Jammu, where the Doctors advised him six weeks complete rest. The petitioner again fell ill and remained under the treatment in GMC Jammu till 2nd of August 2013. He, after his recovery, filed an application before the respondents along with medical certificates for allowing him to join the duties. However, the respondents passed an order dated 19.03.2013 terminating the petitioner from the service. It is submitted that the order of termination was passed by respondent No. 3 without affording the petitioner an opportunity of being heard and subsequently the appeal of the petitioner was also rejected by respondent No. 2 upholding the order of respondent No. 3. It is further submitted that the petitioner, being a member of CRPF, is governed under the rules and regulations of the said Organization, whereas the orders impugned have been passed under the Central Civil Services (Temporary Services) Rules, 1965 (for short ‘CCS (Temporary Services) Rules 1965’).

3. The orders impugned have been challenged, inter alia, on the ground that the order of termination of services of the petitioner passed by respondent No. 3 and subsequently rejection of appeal by respondent No. 2 upholding the order of respondent No. 3 has been passed without affording the petitioner an opportunity of being heard, as such, are not sustainable.

4. The respondents have filed their objections in which they have stated that the petitioner was granted three days leave for his treatment w.e.f. 27.11.2012 to 29.11.2012 after which he was supposed to report for duty on 29.11.2012 but he did not report back for duty on due date and overstayed leave w.e.f. 30.11.2012. It is submitted that the petitioner instead of joining on 29.11.2012 submitted applications dated 29.11.2012 and 12.12.2012 stating that due to severe pain in the lower limbs, he had reported at Government Medical College Hospital, Jammu. It is further submitted that the petitioner was a newly appointed and was not having sufficient leave in his leave account and being only an OPD patient was repeatedly advised by the competent authority to report at Composite Hospital, CRPF, Jammu for taking treatment, but, despite issuance of several notices and affording him sufficient opportunities in writing by the Group Centre, CRPF Bantalab, Jammu he neither reported at Composite Hospital for treatment nor reported for duty in Group Centre and took treatment in OPD, Govt. Medical Hospital, Jammu at his own, whereas