UNION OF INDIA Vs. RAMESH LAL

JUDGEMENT

(1.) Challenge in this writ appeal is to the legality, validity and correctness of the order dtd. 27/9/2021 passed by the learned Single Judge in Writ Petition (S) No. 1847/2008 allowing the writ petition filed by the respondent/writ petitioner whereby the order of dismissal from services of the writ petitioner has been set aside and he is directed to be reinstated in services with all consequential benefits except back-wages if he has not crossed the age of superannuation. This apart, the writ petitioner was also allowed to make representation qua back-wages.

(2.) Brief facts of the case are that the writ petitioner/respondent Rameshlal was appointed as Constable in the CISF and was posted at Bhilai as Constable No. 851300412. He was deployed on Re-enforcement duty at CISF Unit BIOP Dep-5 from CISF 3rd Reserve Battalion at Bacheli. During the aforesaid deployment of the writ petitioner at Bacheli, he was sanctioned 15 days casual leave from 12/5/2006 to 30/5/2006. During the leave period, on 21/5/2006, the Nagarnar Police arrested the writ petitioner as he was found in illegal possession of 3.5 Kgs contraband (ganja) and Crime No. 78/2006 was registered against him for offence under Sec. 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act'). The said information was sent to the Deputy Commandant, Central Industrial Security Force, Unit BIOP Dep-5 by the Superintendent of Police, Bastar-Jagdalpur and consequently, the writ petitioner was placed under suspension by the order of the competent authority. Thereafter, on 12/9/2006, disciplinary proceedings were initiated against the writ petitioner. Office of appellant No. 4 issued an enquiry notice dtd. 29/1/2007 to the writ petitioner for conducting enquiry on the next date i.e. 30/1/2007 at Central Jail, Jagdalpur, which was completed on 1/3/2007. Meanwhile, vide judgment dtd. 19/4/2007, the jurisdictional criminal Court acquitted the writ petitioner of the charge under Sec. 20 (b) (ii)(B) of the NDPS Act. Thereafter, on 21/4/2007, appellant No. 4/Disciplinary Authority, finding the charges proved against the writ petitioner, inflicted the penalty of dismissal from service upon him with disqualification for future employment under the government under Rule 34 (i) of the CISF Rules, 2001.

(3.) Against the said final order dtd. 21/4/2007, the writ petitioner preferred an appeal to the Appellate Authority/Appellant No. 3 which was rejected on 31/8/2007. Further, the review petition filed by him was also dismissed on 26/11/2007 by Revisional Authority/Appellant No. 2.