BHAGAT SINGH YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ appeal has been filed against the order dated 1-4-2011 passed by learned Single Judge in W.P.S. No. 1504/2008. Brief facts of the case are that the writ appellant was appointed as Constable in the 22nd Battalion of Chhattisgarh Armed Forces but removed from service vide order dated 27-4-1998 by the Commandant, 22nd Battalion, Mana, Raipur on the ground that he had concealed the material fact in his Character Verification Column No. 12 that Criminal Case No. 61/1997 under Section 325 of the IPC was registered against him, against which he filed Writ Petition No. 13521/2003, which was disposed of on 20th July, 2005 with the observation having regard to the contention of learned Counsel for the writ appellant that the writ appellant was not even aware about the pendency of the criminal case against him nor he was arrested by the Police till the date when he submitted Character Verification Form which was submitted on 14-11-1997. The writ appellant was informed about the fact when the charge-sheet was submitted by issuing summons to him. Further, the Court observed that on perusal of Annexure R-3, dated 29-12-1998, it is gathered that the departmental appeal of the present writ appellant is dismissed without assigning any reason much less than any cogent reason. The Additional Director General of Police (ADGP) while deciding the departmental appeal was enjoying quasi-judicial power and if that is the position, the view of that Court was that he was duty bound to assign cogent reasons while deciding the same and, therefore, the order passed in departmental appeal was set aside with a direction to re-decide the same considering the case of the present writ appellant sympathetically for the simple reason that the charge-sheet for the offence punishable under Sections 323/34, 325/34 and 504, IPC was submitted in which the petitioner was acquitted. The stand of the petitioner may also be taken into consideration that on the date when the petitioner submitted Character Certificate Verification Form, he was not aware of the filing of the charge-sheet. While deciding the departmental appeal all these facts may be considered and necessary order may be passed. Thereafter, the departmental appeal was allowed vide order dated 24-8-2006 by the Additional Director General of Police, Raipur but he was denied the salary on the basis of 'No Work No Pay' while reinstating him in service.

(2.) Against the denial of arrears of salary/wages, the writ appellant preferred a writ petition before the learned Single Judge, which was registered as W.P.S. No. 1504/2008 but the same was dismissed vide order dated 1-4-2011, hence the instant writ appeal.

(3.) Before proceeding further, it is to be noticed that the writ appellant was removed from service on the ground that he had concealed the fact that a criminal case was registered against him, in the Character Verification Form. The High Court of Madhya Pradesh had already observed that he had no knowledge about the registration of the case against him when he filled up the Character Verification Form but the fact remains that no Departmental Enquiry was conducted before issuing the order of removal from service.