Jharkhand High Court
Pintu Kumar Yadav vs Director General Of Police on 13 November, 2019
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 398 of 2015
Pintu Kumar Yadav ..... Petitioner
Versus
Director General of Police, CRPF & Others
..... Respondents
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. Anil Kumar, Sr. Advocate.
Mr. Vijayant Verma, Advocate.
For the Respondents : Mr. B.K. Prasad, A.C. to Mr. Rajiv Sinha, ASGI.
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13/Dated: 13/11/2019 Petitioner has invoked writ jurisdiction under Article 226 of Constitution of India for the reliefs as prayed for in para-1 of the writ petition.
Learned counsel for the petitioner referred to Annexure- 4, at page-31-32, which is order issued under the signature of Krishna Kant Pandey, Commandant, dated 06.08.2014, whereby the services of the petitioner has been terminated in exercise of powers under Sub-Rule [1] of Rule 5 of the Central Civil Service [Temporary Service] Rule, 1965 giving one month notice as the petitioner was unauthorizedly absent from 13.05.2014 to till date. While passing the order of termination, the period of unauthorized absence w.e.f. 13/05/2014 to till the date of termination, order issued was regularized as 'DIES NON'. Thereafter, the order dated 09.08.2004, at page-32, was modified, whereby the period of unauthorized absence w.e.f. 13.05.2014 to 23.07.2014 and 04.08.2014 to the date of termination i.e. 06.08.2014 was directed to be treated as 'DIES NON'.
Learned counsel for the petitioner further referred to Annexure-1 at page-26, which is the appointment letter of the petitioner, whereby petitioner was selected in the category of OBC for appointment in CRPF, Police Force and according to one of the clauses of his service was to be governed by Central Reserve Police Force Act, 1949 and Central Reserve Police Force Rules, 1955.
Learned counsel for the petitioner further referred to Annexure-9, which is order dated 04.12.2014 passed by Inspector General of Police, CRPF, Ranchi, whereby the appeal filed by the petitioner was dismissed.
Counter affidavit has been filed on behalf of the respondents.
-2-Learned counsel for the petitioner submitted that vide Annexure-4 & 5, petitioner was terminated from the services and neither he was given opportunity to defend nor any departmental inquiry was initiated, which is categorically in violation of natural justice, so the impugned order may be set aside and the order passed in appeal may also be set aside.
Learned counsel for the petitioner and learned counsel for the respondent are directed to address this Court on the provisions of Central Reserve Police Force Act and Central Reserve Police Force Rules. Rule 16 of Central Reserve Police Force Rules defines Period of Service, which reads as under:-
16. Period of service. - (a) All members of the Force shall be enrolled for a period of three years. During this period of engagement, they shall be liable to discharge at any time on one month's notice by the appointing authority. At the end of this period those not given substantive status shall be considered for quasi-permanency under the provisions of the Central Civil Services (Temporary Service) Rules, 1965. Those not declared quasi-permanent under the said rules shall be continued as temporary Government employees unless they claim discharge as per Schedule to the Act. Those who are temporary shall be liable to discharge on the one month's notice and those who are quasi-permanent shall be liable to discharge on three months' notice in accordance with the said rules, as amended from time to time.
(b) Should the Central Government decide at any time to disband the Force or any part of it either before termination of the period for which a member of the Force is enrolled or at any time thereafter, he shall be liable to discharge, without compensation from the date of disbandment.
(c) No member of the Force shall withdraw from the duties of his office without the express permission of the Commandant or an accredited Gazetted Officer.
(d) The appointing authority may, during the period of initial appointment of a member of the Force appointed under Section 4 and 5 of the Act, permit him, for good and sufficient reason, to resign from the Force with effect from such date as may be specified in the order accepting his resignation.
Provided that on the acceptance of his resignation any such member of the Force shall be required to refund to the Government all the cost of training imparted to him in the Force or a sum equal to three months' pay and allowances, received by him prior to the date of his resignation whichever is less.
-3-Learned counsel for the petitioner submitted that the respondents while exercising powers under Sub-Rule [1] of Rule 5 of the Central Civil Service [Temporary Service] Rule, 1965 have wrongly terminated the services of the petitioner.
List this case after two weeks.
(Anant Bijay Singh, J.) Sunil/