DIN DAYAL YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petitioner had joined CISF as a ministerial staff on March 14, 1984. He was removed from service because he became a deserter on June 18, 1990 and never joined back till, after declaring him a deserter, on May 28, 1991 the order removing him from service was passed.

(2.) IN other words, though the penalty of removal from service has been passed after seven years, two months and fourteen days of the petitioner joining service, the actual period of service is six years and three months. Even this period of six years and three months is full of blemishes. The petitioner remained unauthorizedly absent for 23 days between February 6, 1985 to February 28, 1985, then again for a period of 95 days from January 24, 1989 to April 27, 1989, further again for 95 days from May 06, 1989 to August 09, 1989 and then again for a period of 22 days from April 24, 1990 to May 15, 1990.

(3.) THE petitioner gave up the challenge to the penalty levied upon him when WP(C) No.511/2000 filed by him came up for hearing on November 26, 2012. The counsel for the petitioner on instructions told the Court that the petitioner would be satisfied if the competent authority of CISF was directed to consider the case of the petitioner for being sanctioned a compassionate allowance under Rule 41 of the CCS (Pension) Rules, which rule envisages sanction of a compassionate allowance to a Government servant who is dismissed or removed from service provided he could make out a case which was deserving of special consideration.