IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 29105 of 2005(M) -------------------------- PETITIONER: ------------ P.MOHANAN, ASST. SUB INSPECTOR, CRPF PANAKKAPARAMBIL (H), PARIYAPURAM POST, THANUR, MALAPPURAM DISTRICT. BY ADV. SRI.M.CHATHUKUTTY NAMBIAR SRI.RAJAKRISHNAN. K RESPONDENTS: ------------- 1. DIRECTOR GENERAL OF POLICE, (CRPF), LOTHI ROAD, NEW DELHI. 2. ADDITIONAL DIGP, CRPF, MOKAMEGHAT, PATNA, BIHAR. 3. ADMINISTRATIVE OFFICER, OFFICE OF THE ADIGP, MOKAMEGHAT, PATNA, BIHAR. 4. SECRETARY TO GOVT., MINISTRY OF DEFENCE, UNION OF INDIA. BY ADV. SRI.E.S.MUHAMMED KABIR, ADD.CGSC FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: PHOTOCOPY OF MEDICAL CERTIFICATE ISSUED BY THE ASST. PROFESSOR ORTHOPEDIC MEDICAL COLLEGE HOSPITAL, CALICUT DT.24.1.2005. P2: PHOTOCOPY OF MEDICAL CERTIFICATE ISSUED FROM THE MEDICAL COLLEGE HOSPITAL, CALICUT DT.24.2.2005. P3: .DO. DT.8.4.2005. P4: .DO. DT.9.5.2005. P5: .DO. DT.6.6.2005. P6: PHOTOCOPY OF FITNESS CERTIFICATE ISSUED FROM THE MEDICAL COLLEGE HOSPITAL CALICUT DT.27.6.2005. P7: PHOTOCOPY OF JOINING DUTY LETTER SUBMITTED BY PETITIONER DT.30.6.2005. P8: PHOTOCOPY OF SUSPENSION ORDER ISSUED BY R2 DT.7.7.2005. P9: PHOTOCOPY OF REQUEST FOR PERMISSION TO LEAVE HEADQUARTER SUBMITTED BY PETITIONER DT.7.7.2005. P10: PHOTOCOPY OF REJECTION ORDER ISSUED BY R2 WITH REGARD TO LEAVING THE HEADQUARTERS DT.12.7.2005. P11: PHOTOCOPY OF REQUEST FOR PERMISSION TO LEAVE HEADQUARTER SUBMITTED ON 27.7.2005. P12: PHOTOCOPY OF REJECTION ORDER OF R2 REGARDING PERMISSION TO LEAVE HEADQUARTERS DT.7.8.2005. P13: PHOTOCOPY OF REQUEST FOR RELEASING RS.5000/- FROM WELFARE FUND DT.5.8.2005. P14: PHOTOCOPY OF APPEAL AGAINST SUSPENSION ORDER DT.5.8.2005. P15: PHOTOCOPY OF REQUEST FOR CHANGE OF HEADQUARTERS DURING SUSPENSION DT.11.8.2005. P16: PHOTOCOPY OF RESIGNATION LETTER SUBMITTED BY PETITIONER TO R1 DT.11.7.2005. P17: PHOTOCOPY OF WITHDRAWAL OF RESIGNATION LETTER DUE TO THREAT FROM R2 DT.6.8.2005. RESPONDENT'S EXHIBITS: R2(a): TRUE COPY OF 2ND MEDICAL OPINION AS PER LETTER DT.10.5.2005. R2(b): TRUE COPY OF LEAVE APPLICATION SUBMITTED BY PETITIONER DT.16.12.2004 BEFORE R2. R2(c): TRUE COPY OF ORDER DT.23.12.2004 SHOWING THAT ONLY 30 DAYS LEAVE IS SANCTIONED, WITH ENGLISH TRANSLATION. R2(d): TRUE COPY OF ORDER DIRECTING PETITIONER ABOUT THE DISCIPLINARY ACTION TO BE TAKEN DT.9.2.2005. R2(e): TRUE COPY OF APPLICATION FOR LEAVE DT.7.7.05 SUBMITTED BEFORE R2. R2(f): TRUE COPY OF ORDER REJECTING THE APPLICATION FOR LEAVE DT.12.7.2005. R2(g): TRUE COPY OF LETTER DT.3.8.2005 NOT TO LEAVE THE HEADQUARTERS. R2(h): TRUE COPY OF INTIMATION ABOUT REJECTION OF APPEAL DT.29.5.2005. R2(i): TRUE COPY OF ORDER REVOKING THE SUSPENSION W.E.F. 28.9.05. R2(j): TRUE COPY OF APPLICATION TO ACCEPT RESIGNATION OF THE PETITIONER DT.11.7.05. R2(k): TRUE COPY OF APPLICATION WITHDRAWING RESIGNATION DT.6.8.2005. R2(l): TRUE COPY OF LETTER ACCEPTING WITHDRAWAL OF RESIGNATION DT.20.8.2005. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.29105 of 2005 .................................................................... Dated this the 6th day of June, 2008. JUDGMENT The petitioner was suspended on 7.7.2005 for unauthorised absence. Even though enquiry is not completed, he was reinducted on 28.9.2005. Counsel for the respondents submitted that in between petitioner tendered resignation and withdrew the same. Since petitioner is taken back, respondents are free to complete the enquiry after giving opportunity to the petitioner. The W.P. is closed as above. C.N.RAMACHANDRAN NAIR Judge pms