JUDGEMENT

1. Petitioner was serving as Constable in Central Reserve Police Force

(CRPF) since 2007. He has been dismissed from services on the charge that he remained absent from his duties. He alleges that he has been dismissed without conducting any enquiry as was required under the provisions of CRPF Act of 1949 (Act) and CRPF Rules 1955 (Rules) and, therefore, his dismissal from services is in violation of constitutional safeguards which prescribes procedure to be adopted before imposing punishment of dismissal. Petitioner has sought issuance of writ of certiorari to quash the Order of dismissal dated 04.02.2011 (Annexure A with writ petition), and writ of mandamus to direct respondents to restore

services of petitioner with all consequential benefits.

2. The case set up by the petitioner in the petition is that on 15.05.2010, he applied for earned leave which was granted to him upto 05.06.2010. During the said period, he developed serious ailments of kidney which was reported by him to the authorities and that he would report back when he would recover from ailment. The earned leave granted to him was availed by him on account of ailment of his parents. During the said period, hi