WP(C) 1129/2011. Gauhati High Court

Case NumberWP(C) 1129/2011
Judgement DateMay 18, 2019
CourtGauhati High Court

THE GAUHATI HIGH COURT AT GUWAHATI

(The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) PRINCIPAL SEAT AT GUWAHATI

WP( C) No. 1129/ 2011

Mujeeb Alam,

S/ O Mehboob Alam,

Vill-Kulhipur, PO-Mauaima, District-Pratapgarh (Uttar Pradesh), Pin-212501.

-Versus-

  1. Union of I ndia,

    Represented by the Secretary, Ministry of Home Affairs, New Delhi.

  2. The Director General,

    Central Reserve Police Force Central Government Office Complex, New Delhi.

  3. The Deputy I nspector General of Police, Group Centre, Central Reserve Police Force, Guwahati, Kamrup, Assam.

  4. The Deputy I nspector General of Police/ Principal, RTC, CRPF Peringome, Kerala.

    BEFORE

    THE HON’BLE MR. JUSTI CE HRI SHI KESH ROY

    For the Petitioner: Mr. R. Mazumdar,

    Mr. A. Kumar. ……Advocates.

    For the Respondents: Mr. C.K.S. Baruah,

    CGC. ……Advocate.

    Date of Hearing & Judgment : 1 8 th May, 201 7

    WP(C) 1129/2011 Page 1 of 6

    ……Petitioner .

    ……Respondents

    .

    JUDGMENT AND ORDER ( ORAL)

    Heard Mr. R. Mazumdar, the learned counsel appearing for the petitioner. The respondents are represented by Mr. C.K.S. Baruah, the learned Central Govt. counsel.

  5. The matter relates to termination of the petitioner, who was recruited as a Constable (GD), CRPF following the selection made on 21.02.2010. The new recruits were required to report to the DI G of Police, Group Centre, CRPF, to accept the offer of appointment and after the selectee duly reported on

    07.04.2010, he was appointed in the CRPF and was allotted the Force No.105130116.

  6. After the recruitment, the petitioner along with other recruits were deputed for training to the Regional Training Centre (RTC), CRPF, Peringome and the petitioner reported at the training centre on 11.09.2010. While undergoing training, the petitioner fell ill and when the RTC Hospital was unable to cure the Constable, on 01.10.2010, he was referred to the Medical College, Peringome, under the escort of a Head Constable. When he reached the Medical College Hospital, the petitioner’s condition deteriorated and then he tell unconscious and at that point, the escorting Head Constable Chamanlal, deserted him.

  7. The petitioner contacted the control room of the RTC and was advised to go back home and to return back upon recovery, to the training centre. But this point is somewhat disputed by the respondents.

  8. At his home in U.P., the petitioner received treatment and after he recovered from his illness, he reported back to the RTC on 23.10.2010, but he was denied entry to the centre with direction to report to the Group Centre at Guwahati. As advised, the petitioner reported to the Group Centre, Guwahati on

    01.11.2010, but here also...

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