THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY Writ Petition No.17656 of 2010 ORDER: The petitioner is working as Constable in the Central Reserve Police Force and at present, he is posted to 115 Battalion C.R.P.F., Srinagar, Jammu & Kashmir. He applied for leave of two months from 25.03.2010 to 23.05.2010. He states that before availing the leave, he expressed his willingness to leave the Force on account of family problems. He came to his native place on leave, but did not report to duty after completion of leave. Respondent No.3, the Battalion, in which the petitioner was working, issued a communication, dated 11.06.2010, requiring the petitioner to report to duty forthwith. It was also mentioned that if he fails to report to duty, action would be initiated. The petitioner submitted a letter of resignation, dated 08.06.2010. He was informed through a communication, dated 21.06.2010, stating that any letter of resignation submitted while on leave by a Member of the force cannot be accepted. This was followed by a communication, dated 27.06.2010, wherein it was informed that his salary will be stopped, a case will be filed and arrest warrant will be issued. The petitioner challenges the said communication. The petitioner states that he had to take a decision to submit resignation on account of the fact that his parents are old and that he is prepared to comply with all the conditions, such as returning the amount incurred for imparting training to him. The respondents filed a counter-affidavit. The facts covering the verious events from the date of joining of the petitioner in the Force till the latest communication, dated 26.07.2010, are stated. According to them, the petitioner had not only resorted to acts of misconduct, but also committed offence as defined under Section 10 (m) of the Central Reserve Police Force Act, 1949 by over-staying the leave. It is urged that there is no basis for the petitioner for over-staying the leave and his acts and omissions cannot be countenanced. Heard Sri J.U.M.V.Prasad, learned counsel for the petitioner and Smt.S.Nanda, learned Additional Standing Counsel for the Central Government. The petitioner joined the C.R.P.F. in the recent past in 2004 against a vacancy earmarked for Scheduled Tribes. A person is subjected to a test before selection and training of very high order is imparted to the selected candidates. It involves a great effort to select and train a Member of the Force. The petitioner applied leave for two months and did not attend thereafter. It is only after expiry of leave of two months that he had submitted a letter of resignation. On the face of it, such a letter cannot be acted upon. If the members of Paramilitary organization are permitted to over- stay the leave and abandon the service thereafter, the very basic discipline would disappear and in some cases, it may pose threat to the very secrets of the organization. The action of the petitioner cannot be countenanced and as a Member of disciplined Force, he ought to have reported to duty and then pursued the matter relating to resignation. This Court is of the view that the proceedings impugned do not suffer from any legal infirmity. The writ petition is accordingly dismissed. There shall be no order as to costs. ______________________ L. NARASIMHA REDDY, J Dt. 05.10.2010. kdl