UNION OF INDIA Vs. DHARMESWAR SEAL

JUDGEMENT

(1.) The instant writ appeal has been filed by the appellant/Union of India (respondents in the writ petition) assailing the order dtd. 25/9/2018 passed by the learned Single Judge accepting WP(C) No.2799/2017 preferred by the writ petitioner (respondent herein) and setting aside the order of his removal from service dtd. 15/1/2015 passed by the Commandant 36 Battalion, CRPF, Khonsa, i.e. respondent No.3 in the writ petition.

(2.) The respondent/writ petitioner was handed down the said punishment pursuant to an enquiry held on the charge of prolonged unauthorized absence from duty. While accepting the writ petition, the learned Single Judge, set aside the orders passed by the Disciplinary Authority dtd. 15/1/2015 and 18/2/2017 passed by the Appellate Authority and as a consequence, the employer (Union of India) was directed to reinstate the respondent/writ petitioner in service along with 50% of back wages.

(3.) At this stage, it would be fruitful to reproduce the order dtd. 1/3/2019 passed by this Court while entertaining the present appeal:-