THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.3150 of 2016

ORDER:

This petitioner assails his removal from service vide order dated

17.11.2011 passed by respondent No.4; and the subsequent orders dated 04.06.2013 and 30.11.2013 passed by respondent Nos.2 and 3 respectively, affirming the impugned order dated 17.11.2011, as illegal and arbitrary. He

therefore seeks reinstatement with all consequential benefits.

2. Heard Sri V. Ravi Kumar Reddy, learned counsel for the petitioner,

and the learned Deputy Solicitor General for the respondents.

3. The main case of the petitioner is that while serving in the Central Reserve Police Force of the 181 Battalion at respondent No.4’s location at Srinagar (J&K), a Departmental Enquiry was contemplated against the petitioner by respondent No.4 vide Office Order No. P.VIII-3/2011-Ec-II dated 13.06.2011. Two charges were framed against the petitioner under Article-I and Article-II, stating that he is liable to be prosecuted for misconduct under Section 11(1) of the CRPF Act, 1949, for failure to resume duty after expiry of 30 days of sanctioned Earned Leave w.e.f. 21.07.2010 to 19.08.2010 and for overstaying the sanctioned leave w.e.f. 20.08