H S RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) FOR the reasons stated, the delay in re-filing the petition is condoned.

(2.) THE application is allowed. This writ petition assails the order dated 17th February, 2007 passed by the office of the Commandant, CISF Unit, BCCL, Dhanbad accepting the report of the inquiry officer who conducted the disciplinary proceedings against the petitioner. By the order dated 17th February, 2007, the disciplinary authority accepted the recommendations of the inquiry officer and has imposed the penalty of compulsory retirement upon the petitioner.

(3.) ALL these call-up letters were of no avail. The petitioner on his own accord reported back for duty only on 24th July, 2006 at 0945 hours. These call-up letters were exhibited as PW1/P Exh.01 to Exh.10 during the course of the disciplinary proceedings. The petitioner, therefore, it appears overstayed his out pass permission with effect from 27th April, 2006 to 23rd July, 2006 unauthorizedly.