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2023 Supreme(J&K) 148

RAJNESH OSWAL
Rakesh Kumar – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sarfaraz Shah, Advocate
For the Respondent: Mr. R. S. Jamwal, CGSC

JUDGMENT :

1. This writ petition has been filed by the petitioner for quashing the order dated 05.09.2011 by virtue of which the petitioner has been removed from the service by the respondent No. 4 and a prayer has also been made for directing the respondents to allow the petitioner to join the service.

2. It is stated that the petitioner was appointed as a Constable (GD) in the Central Reserve Police Force in the year 2000 and since then the petitioner continuously performed the duty to the utmost satisfaction of the superiors. It is stated that the petitioner after performing duty in Assam, was assured by the Company Commander for sanctioning his leave after reaching Jammu and when the petitioner reached Vijaypur, Jammu, he again made a request to his Company Commander for sanctioning his leave as the wife of the petitioner was seriously ill and was confined to bed. None was at home to look after the wife of the petitioner. However, the Company Commander told the petitioner that after reaching Srinagar, he would definitely look into the matter but when the petitioner objected, the Company Commander permitted him to go and see his wife and report back on 21.05.2011. On the instructi

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