HIRENDRA NATH HALDER Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner while serving as a Constable in the Central Industrial Security Forces (CISF) and posted at the CISF unit Farakka Barrage Project, Farakka was placed under suspension with effect from 11/9/2000 in contemplation of a disciplinary proceedings to be initiated against him. The petitioner was thereafter served with a charge-sheet dtd. 31/10/2000. The disciplinary proceedings initiated by issuance of the said charge sheet culminated into a final order dtd. 10/10/2002 by which the petitioner was removed from service. The petitioner preferred a departmental appeal which was dismissed by an order dtd. 13/5/2003 upholding the order of the Disciplinary Authority. The petitioner challenged the inquiry report, the final order of the disciplinary proceedings as also the final order of the Appellate Authority before this Court by filing a writ petition being WP No.9718 (W) of 2003. The writ petition was allowed by a judgment and order dtd. 12/12/2006. The operative portion of the said judgment and order dtd. 12/12/2006 is as follows:-

(2.) The respondent-employer preferred an appeal against the said judgment and order dtd. 12/12/2006. The said appeal was numbered as MAT 1742 of 2007. In the said appeal an interim order was passed on 19/12/2007 directing the appellants to allow the petitioner to join his duties and pay admissible salary and allowances from the date of re-joining. The petitioner was reinstated in service in terms of such interim order on and from 17/1/2008 and was posted at the CISF unit, ONGC, Jorhat, Assam. The appeal was ultimately disposed of by an order dtd. 5/5/2008. The operative portion of the said judgment and order dtd. 5/5/2008 is as follows:-

(3.) The petitioner did not challenge the said order dtd. 20/10/2008 by filing a departmental proceedings. The petitioner, therefor, accepted the said order dtd. 20/10/2008. The petitioner subsequently prayed that the period from the date of his suspension i.e., 11/9/2000 till he was permitted to join his duties on 17/1/2008 in terms of the interim order passed by this Court on 19/12/2007 should be treated to have been spent on duty for all purposes and to release the arrears salary for the said period. There is, however a discrepancy as the date of petitioner's joining as per the interim order. The petitioner in the writ petition has stated that he joined on 17/1/2008 but in the order impugned as also in the prayer the date of joining is 31/1/2008. After considering such prayer of the petitioner, CISF issued a show-cause notice dtd. 30/1/2009 calling upon the petitioner to show-cause as to why the period between 11/10/2002 and 31/1/2008 should not be treated as "Dies- non" under the provisions of Rule 55 of the Central Industrial Security Forces, 2001 (hereinafter referred to as said Rules). The petitioner replied to the said show-cause notice by a letter dtd. 13/2/2009. After considering such show-cause, the Senior Commandant, CISF passed an order dtd. 20/5/2009 rejecting the petitioner's prayer for treating him to be on duty. The operative portion of the said order is set out hereunder:-