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IN THE HIGH COURT OF JHARKHAND, RANCHI

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W.P.(S) No. 4817 of 2017

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Irshad Ahmad Tantary, son of Sh. Nabi Tantry, resident of Sanghus,

Tehsil:Achabal, PO and PS Achabal, District-Anantnag (J&K)

….. Petitioner

-- Versus --

1.The Union of India, through Secretary, Home, Govt. of India, New Delhi

2.The Addl. DIGP, CRPF, PO Dhurwa, PS-Nagri, Ranchi, Jharkhand

3.The Commandant, 22^nd Bn., CRPF, Hazaribagh, PO and PS Hazaribagh,

District-Hazaribagh(Jharkhand)

4.The Chief Judicial Magistrate cum Commandant, 22^nd Bn., CRPF,

Hazaribagh, PO+PS+District-Hazaribagh (Jharkhand)

5.The Officer Command, D/DD/CRPF, Giridih, PO+PS+District-Giridih

(Jharkhand)

…... Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. S.K. Sharma, Advocate

For Respondent(UOI):- Mr. Akashdeep, Advocate

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11/27.01.2021

Heard Mr. S.K. Sharma, the learned counsel for the

petitioner and Mr. Akashdeep, the learned counsel for the respondents.

2.

The petitioner has preferred this writ petition for quashing

the order dated 16.07.2003 contained in Annexure-3. Further prayer is

made for quashing the order dated 17.07.2003 whereby the petitioner

has been dismissed from the service. The prayer for consequential

benefits has also been prayed for.

3.

The petitioner is a permanent resident of the State of

Jammu and Kashmir. The petitioner was working as constable in 22^nd

Bn., CRPF, at Hazaribagh had submitted leave application before

respondent no.3 for grant of leave of 10 days w.e.f. 06^th September,

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2002. The petitioner was allowed the said leave and was proceeded on

leave and was required to join on 19.09.2002. On 12.09.2002, the

petitioner received a letter from militant organization calling him not to

go back till some enquiry regarding his involvement. The petitioner

because of threat to his family members by militant organization, the

petitioner was forced to stay at home and could not resume the duty

before 19.09.2002. The petitioner sent telegram to that effect to the

respondent no.3. The letter received by the petitioner from the militant

organization was sent to the Commandant-7 RR, C/o 56 APO, which was

sent to 22^nd Bn CRPF. The respondent no.5 presented an application on

14.02.2002 under section 10(m) of Central Reserve Police Force Act,

1949 [hereinafter to be referred as the Act]. On 01.01.2003 the

petitioner was directed to be arrested and produced by Sr. S.P., Anantnag,

J&K. The petitioner was charged with offence of overstaying from leave

under section 10(m) of the Act. The petitioner reported back on

29.01.2003 and resumed his duties in D/22 CRPF located at Garhwa and

he has also explained the reason for overstaying. The petitioner was

allowed to join duty. The warrant issued against the petitioner was also

cancelled. On 05.06.2003 the petitioner was directed to attend the Court

of respondent no.4 on 12.06.2003. The petitioner was explained the

charge. The petitioner replied that he has already explained the reasons.

The respondent no.4 by order dated 16.07.2003 held the petitioner guilty

for overstaying under section 10(m) of the Act and sentenced him to

undergo imprisonment till rising of the Court. The respondent no.3 in

exercise of power under section 12(i) of the Act dismissed the petitioner

from service on the ground that he has been convicted of offence of

overstaying from leave. Aggrieved with this, the petitioner has moved

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before the High Court of Jammu & Kashmir at Srinagar in S.W.P. No.714

of 2014. The said writ petition was not entertained on the ground of

territorial jurisdiction of that Court, however, the writ petition was

disposed of granting liberty to the pet