JUDGMENT :

SANJAY DHAR, J.

01. The petitioner through the medium of the present petition has challenged enquiry proceedings conducted by respondent No. 4 against the petitioner. Challenge has also been thrown to order dated 04.08.2006 issued by respondent No. 3 whereby the petitioner has been removed from service. Besides this, the petitioner has also challenged order dated 30.06.2011 issued by respondent No. 5 whereby his statutory appeal against order dated 04.08.2006 has been rejected.

02. As per the case of the petitioner, he was appointed as a Constable in the year 2003 in Central Reserve Police Force and he joined his service on 24.3.2003 at Group Centre, Rampur. He was posted in 93rd Bn, which was relocated to Anantnag. In August, 2005, the petitioner is stated to have fallen ill and he was admitted in 5^th Bn CRPF Hospital and the doctor recommended one week medical leave in his favour. Accordingly, the petitioner was granted medical leave w.e.f., 13.12.2005 to 17.12.2005. He proceeded to his home town.

03. After availing the leave period while the petitioner was reporting back to his duty on 17.02.2005, his condition deteriorated and he was admitted in District Hospital, Saharanpur (UP) on 17.12.2005 itself. It is case of the petitioner that he telephonically informed the Control Room of 93rd Bn about his admission in the hospital and for extension of leave. It has been averred that the petitioner contacted the Adjutant of the battalion on telephone and he was advised to get proper treatment and to produce the medical record upon joining the duty. It has been submitted that the petitioner also applied for extension of leave through post. According to the petitioner, he remained under OPD treatment w.e.f., 25.12.2005 to 18.02.2006 but the treatment did not yield any result. He again remained under treatment at CHC Baraut District Baghpat w.e.f., 18.02.2006 to 12.03.2006 but he could not recover from the disease so as to join the duty. The petitioner is stated to have undergone treatment at District Hospital, Muzaffarabad w.e.f., 13.03.2006 to 12.06.2006. The petitioner has placed on record copies of medical certificates/records to show that he had remained under treatment upto 12.06.2006.

04. It has been submitted that the petitioner received communication dated 25.04.2006 from respondent No. 4, who had been appointed as an Enquiry Officer by respondent No. 3, whereby he was informed that charges have been framed against him in terms of chargesheet dated 04.04.2006. Vide the said communication, the petitioner was directed to remain present before the Enquiry Officer on 5.5.2006 for facing the enquiry. According to the petitioner, he responded to the said communication of respondent No. 4 and submitted that he was suffering from ailment and that he was under treatment at district Hospital, Muzaffarabad. It has been submitted that the petitioner also annexed with his application the copies of the medical record.

05. It has been submitted that vide communication dated 8.5.2006 issued by respondent No. 4, the petitioner was again directed to appear before him on 20.6.2006 and another communication dated 17.06.2006 from the Enquiry Officer was received by the petitioner whereby he was informed that evidence on behalf of the department has been recorded. He was asked to give his defence within fifteen days. To this communication, the petitioner is stated to have responded vide reply dated 26.06.2006 whereby he informed the Enquiry Officer about his ailment and the biased conduct of Deputy Commander -Sh. Tilak Raj. Thereafter the petitioner received order dated 04.08.2006 whereby he has been removed from service.

06. Initially, the petitioner challenged the order of his removal from service and the enquiry proceedings by way of present writ petition but during the pendency of the writ petition, the petitioner filed a statutory appeal against the said order, which came to be rejected by respondent No. 5 by virtue of impugned order dat