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2022 Supreme(Manipur) 101

M. V. MURALIDARAN
Ng. Randhir – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Julius Riamei, Advocate, for the Petitioner; Mr. Salam Samarjeet, Sr. PCCG, for the Respondents

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 petitio

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