Madras High Court
Rajesh Kumar vs The Director General Of Police on 5 September, 2022
W.A.No.396 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2022
CORAM
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mr. Justice D.BHARATHA CHAKRAVARTHY
W.A.No.396 of 2022
and C.M.P. No.3045 of 2022
Rajesh Kumar .. Appellant
Vs
1.The Director General of Police,
C.R.P.F., C.G.O. Complex,
New Delhi.
2.The Inspector General of Police,
Eastern Sector C.R.P.F.,
F.C. Book, Sector 3, Calcutta.
3.The Inspector General,
C.R.P.F., Bhubaneshwar.
4.The Addl. Director General of Police,
G.C., C.R.P.F.,
Bhubaneshwar.
5.The Commandant,
R.T.C, II, Central Reserve Police Force,
Avadi, Chennai – 600 065. .. Respondents
Page 1 of 6
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W.A.No.396 of 2022
Appeal preferred under Clause 15 of Letters Patent against the
order dated 07.10.2021 made in W.P.No.24752 of 2009.
For Appellant : Mr.S.Jeyakumar
For Respondents : No appearance
JUDGMENT
(Delivered by D.BHARATHA CHAKRAVARTHY, J.)
The appellant/Writ petitioner joined the Central Reserve Police
Force as a Group Centry on 11.04.2007. While so, he was sent to
Avadi, on 13.06.2007, to undergo basic training with CRPF, RTC, and
there he fell ill and underwent treatment between 26.06.2007 and
02.07.2007. Thereafter, he availed the sanctioned leave from
03.07.2007 to 01.08.2007 and resumed the duty only on 02.08.2007.
Again from 03.08.2007 to 07.08.2007, he was unauthorizedly absent.
While so, on 20.08.2007, he was referred to the Mental Hospital on
emergency basis and was admitted there between 23.08.2007 and
13.09.2007. From 14.09.2007, he was unauthorizedly absent and
therefore, one month's notice as per Rule 5(1) of Central Civil Service
(Temporary Service) Rules, 1965, was issued on 17.10.2007.
Thereafter, by order dated 17.11.2007, the Writ petitioner's services
were terminated. Challenging the same, the Writ petition was filed.
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W.A.No.396 of 2022
Learned single Judge, by an order dated 07.10.2021, after
considering the submissions made on behalf of the writ petitioner and
that of the respondents, dismissed the writ petition, as against which,
the present writ appeal is filed.
2. The only contention which is raised in the writ appeal is that
even as per Rule 5(1) of the Central Civil Service (Temporary
Service) Rules, 1965, one month's notice is mandatory. It is the case
of the writ petitioner that the notice dated 17.10.2007 was not at all
served on him. Even before the learned single Judge, the respondents
had admitted that they have got no records in proof of service of said
notice. This being the situation, once the respondents have failed to
prove that they have served the mandatory one month's notice, the
writ petition is liable to be allowed.
3. We have considered the said submissions and perused the
materials on record.
4. It is seen that even though the respondents have pleaded
that they have actually destroyed the records relating to service of
notice, the learned single Judge has taken into consideration the
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W.A.No.396 of 2022
averment made by the writ petitioner himself in para 11 of the
affidavit filed in support of the writ petition that he received a letter
directing him to join the service. From the files and from the
submissions of the respondents, it is seen that there was no any
letter which was sent to the writ petitioner directing him to join
service and therefore it was only the show cause notice which is
referred to by the respondents.
5. In that view of the matter, learned single Judge held that
one month's notice i.e. notice dated 17.10.2007 having been served
on the petitioner, there is no illegality or infirmity in the order of
termination of service of the petitioner. We are in agreement with the
said finding of the learned single Judge.
6. Accordingly, finding no merit, this writ appeal is dismissed.
No costs. Consequently, connected miscellaneous petition is closed.
(P.U., J) (D.B.C., J)
05.09.2022
Index:No
mmi/21
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W.A.No.396 of 2022
To
1.The Director General of Police,
C.R.P.F., C.G.O. Complex,
New Delhi.
2.The Inspector General of Police,
Eastern Sector C.R.P.F.,
F.C. Book, Sector 3, Calcutta.
3.The Inspector General,
C.R.P.F., Bhubaneshwar.
4.The Addl. Director General of Police,
G.C., C.R.P.F.,
Bhubaneshwar.
5.The Commandant,
R.T.C, II, Central Reserve Police Force,
Avadi, Chennai – 600 065.
https://www.mhc.tn.gov.in/judis
W.A.No.396 of 2022
PARESH UPADHYAY, J.
and
D.BHARATHA CHAKRAVARTHY, J.
mmi
W.A.No.396 of 2022
05.09.2022
https://www.mhc.tn.gov.in/judis
