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Judgment
T.S. Thakur, J.—The petitioner has in this petition for a writ of certiorari challenged the validity of an order dated 23rd February, 2007
whereby the Commandant of 4th Battalion SSB, Palia Kalan has declared the petitioner to be a deserter from the Force w.e.f. 1/4/2006 under
Rule 31 of CRPF Rules, 1955. Mr. Javed Ahmed, learned Counsel for the petitioner argued that the petitioner has not been able to report back to
his Battalion on account of medical problems and that the petitioner had at no point of time intended to desert the Force. He submits on
instructions that the petitioner is even now ready to report back to his Unit but apprehends arrest by the civil Police Authorities in pursuance of the
impugned order. He states that if the petitioner is protected against arrest pursuant to the impugned order issued by the Commandant for a
reasonable period, he shall report to the Battalion at Palia Kalan in Uttar Pradesh within such time as this Court may grant him for that purpose.
Ms. Babbar, learned Counsel appearing for the respondents who is assisted by Mr.Jagdeep Pal Singh, Assistant Director (Legal) from the
Force Headquarter at Delhi submits that the respondents would have no objection in case the petitioner is protected against arrest pursuant to the
impugned order for a period of ten days within which he must join back in the Battalion leaving it open to the authorities to take such action against
him as may be otherwise permissible in law.
In the circumstances Therefore and keeping in view the submissions made at the bar, we consider it unnecessary to go into the validity of the
impugned order. Since the petitioner makes a limited prayer for protection against arrest till such time he joins back the unit, we see no reason why
the said limited protection cannot be granted to him to enable him to join the Unit with liberty to the respondents to take such action against the
petitioner as may otherwise be permissible in law.
We accordingly dispose of this petition with the direction that the petitioner shall not be arrested pursuant to the impugned order declaring him
as a ''deserter'' for a period of ten days ending 29th March, 2007. The petitioner shall be free to join the Unit on or before the said date at Palia
Kalan in Uttar Pradesh. In case the petitioner does not report for duties in the Battalion within the time fixed by this Court, the respondents as also
the civil police authorities to whom the direction for apprehension of the petitioner has been issued shall be free to apprehend the petitioner. We
make it clear that upon the petitioner''s reporting for duty in the Battalion, the respondent shall be free to initiate such action against him as may
otherwise be permissible in law for his alleged desertion/overstaying of leave.
With the above directions, this writ petition is disposed of leaving the parties to bear their own costs. Order dusty.