S RAMALINGAM Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) The petitioner has come forward to challenge the order dated 26.6.2007 passed by the third respondent Commandant, 97th Battalion, CRPF, Dhurwa, Ranchi sent along with a covering letter, dated 8.8.2007 and after quashing the same, direct the respondents to restore his duty as Constable GD in CRPF with all monetary benefits.

(2.) By the impugned order, the petitioner was dismissed from service with effect from 26.6.2007 and his name was struck off from the strength of the Battalion on the same day. The petitioner was directed to return all the articles entrusted to him and the period between dismissal from service from 17.3.1999 and 11.2.2007 was to be treated as dies Non. All the medals and decorations earned by him were taken back from him.

(3.) The writ petition was admitted on 6.2.2008 and notice was sent to the respondents. On behalf of respondents, a counter affidavit, dated 3.10.2008 was filed by them. A copy of the records relating to departmental enquiry was also filed. Even before filing of the present writ petition, the petitioner had earlier filed a writ petition in W.P.No.6241 of 1999 challenging the order dated 16.3.1999 by which he was dismissed from service. The grievance projected by the petitioner in that writ petition was that he was given a second show cause notice along with the enquiry report and before he could submit his explanation for which time was granted, he was dismissed from service. This court by an order dated 6.9.2006 set aside the dismissal order and gave liberty to the respondents to pass suitable order after considering his explanation and by giving due opportunity to the petitioner. Pursuant to the directions issued by this court, a notice was given to the petitioner on 29.2.2007. It was after due notice and after receiving his explanation, the impugned order came to be passed which made the petitioner to come before this court once again challenging the order of dismissal.