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Patna High CourtCWJC/4334/2018dismissed

Krish Nandan Singh v. The Union Of India And ORS

2023-12-05Mr. Justice Dr. Anshuman4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4334 of 2018 ====================================================== Krish Nandan Singh son of Ramautar Singh, resident of Village- Kanthu Colony, Lalu Pokhar, Police Station- Kotwali, District- Munger. ... ... Petitioner/s

Versus

1.

The Union Of India 2.

The Director General of Central, Air Force, New Delhi. 3.

The Deputy Inspector General of Police, G.C. R.P.F. Old Airport, Pandila, Phaphaman, Allahabad, Utt 4.

The Commandant G.C. C.R.P.F., Allahabad U.P.. 5.

The D.I.G.P., G.C., C.R.P.F. Govind Apartment, Jeevan Vihar Colony, Telebandha Raipur, Chhatisgarh.

6.

The Incharge, Regional Recruitment Centre, Group Centre, C.R.P.F., Mokama Ghat, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Najmul Hodda, Adv.

:

Mr. Abdul Mannan Khan, Adv.

:

Mr. Avinava Kumar, Adv.

For the U.O.I/s :

Ms. Kanak Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned counsel for the Union of India.

2. The present writ petition has been filed for quashing the Letter No. R-DO-35/2015-Astha-5 (C/GD) dated 19.09.2017 with other prayers of quashing the order of the Commandant G.C., C.R.P.F. dated 22.07.2017 cancelling the petitioner's appointment letter and to permit the petitioner to accept the joining of the petitioner on the post of constable C.R.P.F., G.C. (Group Centre), Allahabad (U.P.).

2/4

3. Counsel for the petitioner submits that the petitioner has applied for appointment on the post of Constable in C.R.P.F.. He was selected and appointment letter was issued to the petitioner directing him to join on 26.04.2017 at GC C.R.P.F. Allahabad. But due to treatment of his father being the only son, he was unable to give his joining till 26.04.2017 and sent an application to the D.I.G.P., C.R.P.F. Allahabad (U.P.) to accept his joining at the date of joining and in result, the date of joining had expired. In the light of C.R.P.F., G.C. Allahabad had sent a cancellation letter dated 22.07.2017, the petitioner has made representation before the D.I.G. Police which was also rejected vide letter dated 19.09.2017.

4. Counsel for the petitioner submits that, the case of the petitioner may be considered sympathetically and his joining may be directed to be accepted.

5. Counsel for the Union of India submits that petitioner has applied for the post of CT (GD) Examination, 2015 with all required comments in general /naxal category of Bihar State. The petitioner's candidature Roll No. is 3201063053. The petitioner was qualified the PST/PET test and affirmed for next phase of recruitment i.e., written examination. The said examination was held on 04.10.2015 in which the

3/4 petitioner has obtained 69 marks and qualified for the next phase of recruitment. The medical examination of the petitioner was carried out on 01.06.2016 at 44th BN SSB in which he was declared medical unfit due to defective distant vision (RT) eye 6/12, thereafter, the petitioner has preferred appeal. In appeal, direction for review of the medical examination was carried out and vide order dated 26.08.2016 at Composite Hospital, BSF, Kolkata in which he declared medically fit and petitioner was finally selected and his name has figured in the merit list. It has been stated by the Union of India that upon selection of petitioner on the post of Constable/ GD and upon final selection in CRPF, offer and appointment has been issued to the petitioner vide Letter No. R. II-1/2017 - EC. VI dated 27.02.

2017 with direction to report at GC, CRPF Allahabad on 21.03.2017, but the petitioner was failed to join. He has neither submitted his joining on the said date nor reported about anything about his non-joining on due date. When the petitioner has not joined then a reminder letter has also been issued granting him opportunity to join for the said post on or before dated 26.04.2017.

4/4 cancellation letter has been communicated to the petitioner at his home address.

6. On the basis of the argument made, it transpires to this Court that there were 3 letters (i.e., offer letter, reminder letter and termination letter) communicated to the petitioner. As such, this Court finds no merit in the present case.

7. In this background, the present writ application is hereby dismissed.

(Dr. Anshuman, J.) Prakashmani/- U