JUDGMENT

Dr. B.R. SARANGI, J. - The petitioner, who was working as a Constable under the Central Reserve Police Force has filed this application seeking issuance of

“a writ in the nature of certiorari/mandamus or any other appropriate writ/writs, direction/directions, order/rders quashing the order contained in Annexure-14, so also the orders contained in Annexure-18 and any other documents prejudicial to the interest of petitioner;

And direct the opposite party No.3 to reinstate the petitioner in his service as a regular constable allowing all consequential service and financial benefits right from the date of his appointment by regularizing the period of his illegal termination till reinstatement i.e. from 20.06.92 to 25.4.97, from 25.3.99 to 21.4.99 from 10.10.99 to 5.2.2000 and from 29.9.2000 till the date of his reinstatmeent”.

2.The case of the petitioner is that he ws enlisted as a temporary Constable (G.D.) as per order dated 01.05.1991, Annexure-1 passed by the Commandant, 114 Bn. CRPF., Bhubaneswar in August, 1991. He was deputed to 113 Bn. CRPF., Hyderabad to undergo basic training with his co-recruits from 07.08.1991 to 20.06.1992. On 20.06.1992, he was surprised to receive the order of his termination from service from the Commandant, 113 Bn. CRPF, Hyderabad which was passed without any basis or holding any inquiry into any misconduct. Therefore, he approached this Court by filing O.J.C. No.340 of 1993. After hearing the parties, this Court vide jugment dated 18.11.1996 quashed the order of termination and directed the opposite parties to reinstate him in service forthwith but directed that the petitioner would not be netitled to any salary from the date of termination till reinstatement. In compliance with the said judgment, the petitioner was reinstated in service on 25.04.1997. After a lapse of five years opposite party No.5-Commandant again started a deparmtental proceeding on 03.05.1997 on the self-same ground on which he was terminated from service earlier and was reinstaed in serice vide judgmetn of this Court. In the deparmtental proceeding the petitioner was imposed punishment by the disciplinary authority without giving him an opportunity to prefer appeal vide Annexure-4 dated 24.03.1999. Consequently, he had to undergo punishment of discharging the duties of Quarter Guard for 28 days with effect from 25.03.1999 to 22.04.1999 with forfeiture of all pay and allowances. After execution of punishment, the petitioner could be able to prefer an appeal before the appellate authority where he was found not guilty and was consequently exonerated of the punishment. After reinstatement, he was posted in various places in India including the troublesome places like Jammu and Kashmir where he discharged hsi duty like other Constables. He was served a movement order on 09.10.1999 vide Annexure-5 with 2nd time basic training at RTC-II-Avadi which order was, however, stayed by this Court vide order dated 26.11.1999 while entertaining the writ petition bearing O.J.C. No.13467 of 1999. By then, the petitioner in compliance with the movement order dated 09.10.1999 had proceeded to Avadi but during transit he lost his personal belongings between Vijayawada and Nellore. He reported this fact to Railway Police Station, Chennai Central. He was given a Police Certificate from the Railway Police Station Chennai Central, Tamilnadu vide Annexure-6 in that regard and thereafter he want to RTC-II, Avadi and reported the aboev facts to the Sr. Sepoy (H.C.) who refused to accommodate him as he had no training accounterments. The petitioner contacted 113 Bn. over telephone, but he was informed that they had nothing to do in the matter since he had been issued the movement order. He fel ill and came back to his village and underwent treatment as he was suffering from infective Hepatities. While undergoing treatment on 16.10.1999 he intimated this fact to the Commandant 113 Bn., Hyderabad requesting 15 days’ C.L. or leave till the recovery