CISF AND OTHERS Vs. SANTOSH KUMAR PANDEY

JUDGEMENT

(1.) This appeal, which has been preferred by Central Industrial Security Force(For short, "CISF") and two others, takes exception to the judgment dtd. 16/12/2014 in Special Civil Application No. 13718 of 2004, whereby the High Court of Gujarat has allowed the writ petition preferred by Respondent No.1 - Santosh Kumar Pandey and directed his reinstatement in service with 50% back wages from the date of his removal.

(2.) Respondent No. 1 - Santosh Kumar Pandey, who was working as a constable with the CISF, was posted at the Greenbelt Area of the IPCL Township, Vadodara, Gujarat, where he was charge-sheeted vide memorandum dtd. 28/10/2001 on allegations of misconduct, which allegations we shall refer to in some detail subsequently. Respondent No.1 - Santosh Kumar Pandey having denied the allegations, Deputy Commandant - N.K. Bharadwaj was appointed as the Inquiry Officer, who vide his report dtd. 28/1/2002 held that the charges levelled against Respondent No.1 - Santosh Kumar Pandey stand proven. Respondent No.1 - Santosh Kumar Pandey made a representation, and thereby questioned the inquiry report and claimed that he should be exonerated of the charges. The disciplinary authority, however, vide order dtd. 23/2/2002, agreed that the charges were proved and penalty of removing Respondent No. 1 - Santosh Kumar Pandey from service was imposed. Respondent No.1 - Santosh Kumar Pandey had preferred an appeal that was rejected by the appellate authority vide order dtd. 8/5/2002. Revision petition filed by the Respondent No.1 - Santosh Kumar Pandey was rejected vide order dtd. 8/4/2003.

(3.) These orders, including the inquiry report, were challenged by Respondent No.1 - Santosh Kumar Pandey vide Special Civil Application No. 13718 of 2004, which, vide impugned judgment, has been allowed, as per the directions set out above.