ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 04-02-2025

1. Appellant has assailed the order of learned Single Judge dated 29.08.2022 passed in C.W.J.C. No.4479 of

2019.

2. Brief facts of the case are that appellant was appointed as a Constable in CRPF organization on 22.07.2004. In the year 2017 appellant was transferred to 40^th Battalion, Anantnag, Jammu and Kashmir. On 13.01.2018 there were certain alleged allegations leveled against the appellant to the tune of misusing mobile and he was arrested and sent to line custody for seven days. On the same day he had resigned the post held by him on 13.01.2018 which was accepted on 19.01.2018. Feeling aggrieved by the acceptance of resignation, appellant preferred C.W.J.C. No.4479 of 2019 and it was dismissed on 29.08.2022, hence the present L.P.A.

3. Learned counsel for the appellant submitted that during the intervening period from 13.01.2018 and 19.01.2018 the wife of appellant had submitted representation alleging that her husband-appellant is facing harassment at the hands of his superiors. This is evident from the fact that resignation dated 13.01.2018 was furnished under duress. In such circumstances, it was boun