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2023 Supreme(All) 352

KARUNESH SINGH PAWAR
Indra Kumar Ex Constable – Appellant
Versus
Union of India, Ministry of Home Affairs, Through Directorate – Respondent


Advocates Appeared:
For the Petitioner: Piyush Asthana, Abdul Samad, M.P. Raju, Maneesh Kumar Singh, Navita Sharma, Rajendra Singh.
For the Respondent: A.S.G., Ajay Kumar Singh, Raj Kumar Singh, Sandeep Sharma, Savitra Vardhan Singh.

JUDGMENT :

1. Heard Ms. Navita Sharma, learned counsel for the petitioner and Sri Raj Kumar Singh, learned counsel for the Union of India.

2. This petition has been filed by the petitioner seeking the following reliefs:-

    "1. A writ, order or direction in the nature of Certiorari quashing the impugned order dated 19.07.2012 (Annexure No.1), impugned order dated 23.11.2011 (Annexure No.2) and impugned order dated 19.07.2011 (Annexure No.3) passed by the opposite party No.2, 3 & 4 respectively.

2. A writ, order or direction in the nature of Mandamus commanding the opposite parties to reinstate the petitioner in service w.e.f. 19.07.2011 with all consequential benefits.

3. Any other writ, order or direction which this Hon'ble Court deem fit, in the interest of justice may kindly be passed.

4. Award the cost of the case."

3. Brief facts of the case for adjudicating the controversy are that the petitioner joined C.R.P.F. on 20.09.2007 and reported F/117 Battalion in Central Reserve Police Force (in short, "C.R.P.F."). He applied for 15 days casual leave w.e.f. 12.01.2011 to 01.02.2011 to his Commanding Officer on account of some serious illness of his mother and accordingly, the leave was sanct

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