RAGHAV KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this petition for a writ of mandamus, the petitioner prays for a direction to the respondent to pay him the salary and other benefits for the period 9th March, 1998 to 22nd December, 2004, during which he remained out of service on account of an order of dismissal passed against him.

(2.) THE petitioner is serving in the Border Security Force as a constable. He was convicted for an offence punishable under Sections 40 and 22(e) of the BSF Act and sentenced to dismissal from service. He filed a statutory petition against the said order of dismissal before the Director General of BSF under Section 117 of the BSF Act. The said petition was upon consideration dismissed by the Director General on 7th October, 1997. Aggrieved by the said order, the petitioner filed CWP No. 39390/1997 before the High Court of judicature at Allahabad who by an order dated 11th April, 2002 allowed the said petition and remanded the matter back to the Director General for awarding a lesser punishment upon the petitioner. Upon re -consideration, the Director General once again upheld the petitioner's dismissal from service by his order dated 25th July, 2002. The petitioner Therefore had to knock at the doors of the Allahabad High Court for the second time who by an order dated 12th October, 2004 directed the Director General to reconsider the matter in terms of its previous directions. In compliance with the said directions, the Director General passed an order on 9th December, 2004 awarding a lesser punishment of 89 days imprisonment in Force custody. The said punishment order has been accepted by the petitioner as there is no challenge to the same either before the High Court of Allahabad or before this Court. What the petitioner has assailed in the present petition, however, is an order dated 17th February, 2005 issued by the Commandant of his Unit whereby the period during which he had remained out of service has been regularized as under:

(3.) THE petitioner's case is that he is entitled to salary for the entire period during which he had remained out of service on account of the order of dismissal which was according to him unjustified. A mandamus directing the respondents to release the salary for the said period with other benefits due to him has Therefore been prayed for.