SATYANARAYAN SHARMA Vs. DIRECTOR GENERAL, CRPF

JUDGEMENT

(1.) This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-

(2.) The petitioner is aggrieved by the order dtd. 08/02/2013, whereby the respondent No.4 Commandant, 1st Battalion, CRPF has regularized the period of service of the petitioner from 06/12/1993 to 20/10/2012 on the principle of "No Work No Pay" and has directed that this period shall not be counted as qualifying for any purposes.

(3.) The facts of the case are that the petitioner was posted as Constable in the CRPF in the year 1975 and was subsequently promoted to the post of Lance-naik. The case of the petitioner is that on 19/08/1993, he took a leave from 19/08/1993 to 23/08/1993, but did not report on duty, hence, on 08/10/1993, an arrest warrant was issued against him and he was also prosecuted for his unauthorized absence, in which, he was convicted on 04/11/1993, under Sec. 10(N) of C.R.P.F. Act, 1955 and was sentenced to imprisonment till the rising of the Court, and consequently, he was dismissed from service on 01/12/1993. Against the order of conviction, the petitioner also preferred Criminal Appeal No.114/2007 before the Sessions Court, Neemuch, who vide its order dtd. 28/05/2010, set aside the order of conviction by extending the benefit of Sec. 3 of the Probation of Offenders' Act, 1958 (hereinafter referred to as 'the Act of 1958') to the petitioner. The aforesaid order was also challenged by the petitioner before this Court in Criminal Revision No.1119/2010, however, the same was dismissed on 05/05/2011. Thereafter, an application was also filed by the petitioner under Sec. 482 of Cr.P.C. for modification of the order dtd. 05/05/2011 and the same was modified by extending the benefit of the Act of 1958 to the petitioner.