UNION OF INDIA Vs. MADHUSUDAN PRASAD

JUDGEMENT

(1.) Union of India challenges the order passed by the Division Bench of the High Court of Patna. Respondent Madhusudan Prasad was a Safai Karmachari in CRPF. In the year 1994 he proceeded on leave and he should have reported for duty on 31-3-1994. Even after the expiry of the leave, he did not report for duty and overstayed leave without giving any information. The authorities treated him a deserter and issued a warrant of arrest and he was produced before the Chief Judicial Magistrate-cum-Commandant. The Magistrate imposed him a penalty of 15 days rigorous imprisonment. After the imposition of the penalty, the Commandant of CRPF issued an order of dismissal from service. Aggrieved by this order of dismissal, the respondent preferred an appeal and the appellate authority held that the disciplinary authority should have afforded reasonable opportunity to the respondent and as the respondent was not served with any show cause notice nor there was any enquiry preceding the dismissal, the order passed by the disciplinary authority was set aside and directed to reinstate the respondent in service. The appellate authority further observed that the period of absence from the date of dismissal from service i.e. 7-11-1994 till the reinstatement shall be treated as dies-non though there shall not be break in service for the purpose of pensionary benefits.

(2.) Pursuant to the order passed by the appellate authority, the respondent was reinstated in service on 15-2-1996. The respondent thereafter filed a Writ Petition before the High Court praying that he may be paid salary for the period 7-11-1994, that is the date of dismissal, to 15-2-1996, that is the date of reinstatement. The learned single Judge held that the respondent was entitled to get salary for the period he was out of service.

(3.) Aggrieved by this order, Union of India preferred LPA before the Division Bench, but the Division Bench disposed of the matter affirming the order passed by the learned single Judge and hence this appeal by way of SLP.