UMA SHANKAR TRIPATHI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the Union of India.

(2.) By means of the writ petition filed under Article 226 of the Constitution of India, the petitioner has assailed the validity of an order dtd. 3/8/1999 passed by the Commandant, Central Industrial Security Force (for short "CISF") dismissing the petitioner from service with effect from 3/8/1999. An appeal submitted by the petitioner against the aforesaid order has been dismissed by means of an order dtd. 15/3/2000 passed by the Deputy Inspector General, CISF and the petitioner has challenged the validity of the appellate order also.

(3.) Earlier, the petitioner had assailed the validity of the aforesaid orders by filing Writ Petition No. 1949 (S/S) of 2000, which was allowed by means of a judgement and order dtd. 11/4/2007 passed by a Coordinate Bench of this Court and the dismissal order and the appellate order were quashed and the petitioner was restored in service with all benefits, except the arrears of salary. However, the said order was set aside by means of a judgement and order dtd. 10/3/2014 passed in Special Appeal (Defective) No. 690 of 2007 on the ground that the learned Single Judge has referred to a Circular dtd. 19/5/2000 issued by the Deputy Inspector General, CISF whereas the petitioner was removed from service on 3/8/1999, i.e, prior to issuance of the circular and the circular has no retrospective operation. Further, the circular provides that Sector Inspector General of Circular may scrutinize the matter which had been disposed of earlier, in which, the punishment imposed appears to be excessive. Accordingly, the Special Appeal was disposed of with a direction to the petitioner to prefer a revision before the Competent Authority (Inspector General), who will consider the petitioner's case in light of provisions contained in the circular dtd. 19/5/2000.