S.PUJAHARI, I.MAHANTY
SUVENDU KUMAR MOHANTA – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
S. Pujahari, J. - The petitioner in this writ petition challenges the order dated 18.3.2006 passed by opposite party no. 4 at Annexure-9, imposing the punishment of removal from service in a disciplinary proceeding initiated against him vide Annexure-5 and prayed for quashing the same and also direct the opposite parties to reinstate him in service with back wages.
2. Facts relevant for disposal of the writ petition are as follows:-
The petitioner was enrolled as a constable in 26 Battalion, Central Reserve Police Force (hereinafter referred to as 'CRPF'), Koirengei, Imphal, Manipur on 4.4.1991. While continuing in the service, the petitioner applied for 60 days Earned Leave and was allowed Earned Leave from 17.11.2001 to 15.01.2002. On expiry of the leave, petitioner did not report on his duty and sought for extension of the leave telegraphically on the ground of self illness on 2.2.2002. Thereafter, as the mother of the petitioner died on 18.3.2002, the petitioner sent a resignation letter on the ground of domestic problem and self illness which was not acted upon. On 11.11.2004 petitioner made a representation to allow him to join in his duty as in the meanwhile he becam
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