IMPORTANT POINT
Resignation cannot be accepted during a pending departmental enquiry, and unauthorized absence from duty can lead to removal from service.

JUDGMENT

1. This writ petition has been filed by the petitioner seeking a writ of mandamus directing the respondents to issue no objection certificate or acceptance of technical resignation and to release arrears of pay till the petitioner resigned.

2. The case of the petitioner is that he is a qualified body builder and obtained several medals. He was selected to Elite Force of CRPF and accordingly offered the post in Elite Force on sports basis (body building) attached with Central Body Building Team (CBBT), New Delhi. The petitioner, after careful consideration of Rules 3(m) and (n) of Service Rules, voluntarily accepted the offer and joined in 2006. While the petitioner serving in CBBT brought several medal for CRPF for about 8 years. While so, suddenly on 6.6.2014, without any show cause notice, the petitioner was moved to Mokamaghat, Bihar. Since the petitioner suffered from depression and fatigue, he was hospitalized at CRPF hospital and discharged with advise for home treatment and full rest. Hence, he left for Imphal and had started home treatment by visiting Government Hospital. On 26.6.2015, a show cause notice was issued initiating departmental enquiry against the petitioner for overstay of leave. Though the petitioner submitted leave application and he is entitled absence for five years on medical ground, the question of conducting enquiry does not arise.

3. Further case of the petitioner is that when the petitioner was fit for duty, the local Gym, offered him the post of Instructor (body building), thereby compelling him to obtain technical resignation before joining as per rule. On 10.6.2015 the petitioner submitted technical resignation for acceptance with effect from 1.7.2015 giving one month time as per rule. Since the respondent authorities failed to take action on the application, the petitioner sent a notice on 7.6.2015 for acceptance through his counsel. On 22.6.2015, the respondent replied that the petitioner's resignation cannot be accepted during enquiry. In the meanwhile, on 23.10.2015, the DIG communicated a letter to the petitioner that he was removed from service and his resignation cannot be accepted after removal from service. Hence, the writ petition.

4. The respondents filed affidavit-in-opposition stating that in pursuance of the direction of IGP (Trg), Dte. Genl., New Delhi, all the Central Body Team, including the petitioner was issued movement order on 6.6.2014 with a direction to report at GC, CRPF, Mokamaghat, Bihar and the petitioner was due to report for duty on 7.6.2014, but he failed to do so and remained absent from duty unauthorisedly with effect from 7.6.2014 FN without prior permission of leave from the competent authority despite direction to report for duty. It is stated that on the basis of the complaint lodged by Adm. Officer-GC, CRPF, Mokamaghat dated 22.8.2014, a warrant of arrest was issued against the petitioner to the Superintendent of Police, Imphal East District. Since the petitioner neither reported for duty at his own nor arrested by the concerned civil police, a Court of Inquiry was ordered by the competent authority under the provisions contained in Rule-31(a) of CRPF Rules, 1955 and as a result of the Court of Inquiry, the petitioner has been declared 'deserter' with effect from 7.6.2014.

5. The respondents further stated that a departmental enquiry has been initiated against the petitioner and Articles of charges were sent to the petitioner at his home address through registered letter with direction to submit a written statement of his defence within 10 days. Shri Sonatan Besra, Asst. Comdt. was appointed as an enquiry officer and S.K.Singh was appointed as presenting officer and the petitioner had been given an opportunity to engage a defence assistance, if he wish to do so during the course of enquiry. Since the petitioner neither appeared before the enquiry officer nor given any communication of his defence, the enquiry officer conducted the departmental enquiry as