"petitioner refused to receive the same". The departmental enquiry was conducted against the petitioner for having wilfully over stayed with effect from 11.10.2003 in terms of the provisions contained under Section 11(1) CRPF Act 1949 read with Rule 27 of CRPF Rules 1955. It is submitted by the learned counsel for the respondents that the departmental enquiry was conducted in terms of the procedures, rules and regulations of the department and despite adequate opportunities being granted, the petitioner did not participate in the enquiry. Though the enquiry report was forwarded to the petitioner, he failed to respond and did not avail the opportunities that were extended and the respondents thus proceeded to conclude enquiry by imposing the punishment of dismissal from service. It is the further submission of the respondent that the plea of having sent a letter requesting for resignation apart from being denied as false, it is stated that it overlooks the fact that any request for resignation can be made by the petitioner only after joining the duty and there is no provision to consider the request for resignation while the petitioner is on leave.
