MOCHI JUMMA KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. N. Umakanta, learned counsel appearing for the petitioner and Mr. S. Suresh, learned ASG appearing for the respondents.

(2.) The present writ petition has been filed challenging the order dated 18.08.2010 passed by the Commandant-165 Bn, CRPF wherein, it has been ordered that after his reinstatement in service, the petitioner will not be entitled to any back wages for the intervening period between the date of his removal from service till the date of joining his service, coupled with a prayer for directing the respondents to pay the arrear salary of the petitioner for the period from which he was removed from service till the date of his reinstatement.

(3.) The facts of the present case in a nutshell is that while the petitioner was serving as CT/Mochi under No. 960230027 of the 165 Bn., CRPF, he was detailed for duty on 04.09.2005 for protection of the vehicles engaged for transportation of store materials and protection party. On that day while the petitioner was on duty, he had a heated argument with one Shri RK Nair, CT/Driver and the same was followed by some scuffle between the two in which the rifle allotted to the petitioner was snatch away by the aforesaid Shri RK Nair and deposited the same to the higher authority of the CRPF. Thereafter, complaint was made against the petitioner that the petitioner cocked his rifle and pointed the same at the aforesaid Shri. R.K. Nair, before the same was snatch away by the said CT/Driver. It was also alleged that the petitioner was under the influence of liquor at the time of occurrence of the incident.