UNION OF INDIA Vs. DILIP KUMAR BISWAS

JUDGEMENT

(1.) This appeal arises out of the judgment dated 17.08.2017 passed by the learned Single Judge in W.P. (C) No.45 of 2014. The issue involved is short. Advocates of both sides were ready for final disposal of the appeal. We have accordingly heard them.

(2.) The respondent herein original petitioner is an employee of the Central Reserve Police Force. He was visited with a charge sheet dated 21.08.1997 in which two Charges were leveled against him. Charge No.I was that on 21.08.1997 without permission of or information to the competent authority, the petitioner left the CRPF camp where he was posted. Charge No.II was that on the same day he was noticed trying to kidnap a small child from a nearby school when other students raised an alarm. He was apprehended and handed over to the police authorities of Jirania Police Station. The disciplinary authority passed an order on 16.01.1998 in which it was held that the Charges were proved. He imposed the punishment of dismissal from service on the petitioner. The petitioner preferred Appeal which was dismissed. The petitioner thereupon approached the High Court by filing W.P. (C) No.613 of 1999. The petition was disposed of by the Single Judge of the High Court by a judgment dated 16.06.2010. The learned Judge noted that the petitioner did admit leaving the camp without prior intimation or permission. However, the learned Judge was of the opinion that the petitioner's explanation that he was following an insurgent should have been considered. Eventually, the learned Judge after upholding the legality of the departmental proceedings, was of the opinion that the penalty imposed on the petitioner was excessive. The same was, therefore, set aside and the authority was asked to reconsider imposition of penalty other than removal or dismissal from service. Relevant portion of this order reads as under:

(3.) Neither the petitioner nor the department challenged this judgment of the Single Judge. The department thereafter passed order dated 25.09.2010 in which in compliance with the directions of the High Court, the disciplinary authority imposed a punishment of reduction to lower time scale of pay. With respect to the period of absence between the date of dismissal till his reinstatement, the authority decided to treat the period as dies-non which however, would not affect his pensionary benefits. Relevant portion of this order reads as under: