By the Court.—Heard Shri Rahul Agrawal, learned counsel for the petitioner. Shri S.C. Misra, Additional Standing Counsel has appeared for the respondents.

2. The petitioner was appointed on 3.1.1998 as a regular member of Central Reserve Police Force (C.R.P.F.) as Assistant Commandant. During the training period, he was posted to various Battalions of the CRPF. While he was posted with 28th Battalion CRPF deployed at Hallo Majra, Chandigarh in the year 2001, he applied for and was granted 29 days earned leave w.e.f. 8.9.2001 to 6.10.2001 with permission to avail 7.10.2001 being Sunday by the Commandant of the Battalion and was due to rejoin duties on 8.10.2001. It is alleged that the petitioner could not rejoin on 8.10.2001, as his wife was pregnant and was seriously ill. He sent an application on 4.10.2001 requesting for 15 days extension of the leave on the ground of serious illness of his wife. His request however was not accepted by the Commandant and that he was directed to rejoin duty forthwith by telegram dated 9.10.2001. The petitioner rejoined on his own on 6.1.2003. The details of the extension of leave, sought by the petitioner from time to time and action taken thereon detailed in the order of the Union Public Service Commission dated 29.1.2006, are given below in the chart :

CO’s letter dt. Reason for extension Status of action taken

Leave sought of leave by Office

1. 4.10.2001 Serious illness of wife The CO was informed

15 days vide telegram dt. 8.10.01

leave not extended.

Report forthwith.

2. 15.10.2001 Wife’s condition The CO was directed to

critical due to report forthwith for duty

complication in due to his detailment for

pregnancy Parade contingent for

62nd CRPF Anniversary

Parade vide Regd. Letter

dt. 9.10.2001 and

telegram dt. 10.10.2001

and 13.10.2001

3. 26.10.2001 Wife’s condition not The CO was again

Extension of leave for improving due to directed vide regd. letter

another 15 days complication in dt. 18.10.2001 to report

pregnancy. for duty immediately.

The CO was informed

vide letter dated

24.10.2001 that his

request was rejected and

he was directed to report

for duty immediately.

4. 5.11.2001 & Wife’s condition is The CO was informed

5.12.2001 continuing with same vide letter dt. 13.11.2001,

Extension of leave for complication 5.12.2001, 10.12.2001 &

another one month & accompanied by severe 5.1.2002 that his request

further one month. domestic problem. was rejected and the CO

was advised to report for

duty immediately.

5. 5.11.2001 @ & @ Charges levelled The CO was once again

*5.12.2002,5.3.2002& against him are directed vide letter dt.

** 3.4.2002 absolutely false and 10.4.2002 to report for

Extension of leave for fictitious having wrong duty immediately

one month and further notion against him. otherwise disciplinary

for 30 days. * Wife’s condition action would be initiated persist with same against him.

complication

accompanied by severe

domestic problem.

** His wife gave birth

to a cesarean child

whose condition are

stated to be critical due

to post surgical

complications.

6. 6.5.2002 Wife’s condition The CO was once again

Extension of leave for persists with post directed vide letters dt.

another 30 days. surgical complications 16.5.2002 & 24.5.2002

whose conditions are and telegram dt.

stated to be critical. His 25.5.2002 to report for

presence with her is duty immediately.

must.

7. 5.6.2002 & Wife’s condition The CO was once again

7.7.2002 persists with post directed vide registered

Extension of leave for surgical complications mail dt. 8.11.2002 to

another 30 days and accompanied by report for duty on or

further for 30 days jaundice whose before 30.11.2002

condition is stated to be otherwise disciplinary

critical. His presence action will be initiated

with her is must. against him.

Besides he is facing

acute domestic problem.

3. For the purposes of classification, control and appeal, the CRPF personnel are regulated by the Central Civil Services (Classification, Control and Appeal) R