G ANNEDUARI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant before us, having unsuccessfully challenged his dismissal from service as a disciplinary measure, is in appeal being aggrieved by the Judgment and Order dated 28. 08. 2003, passed in W. P. (C) No. 1355/1999.

(2.) WE have heard Mr. T. J. Mahanta, Advocate assisted by Ms. P. Bhattacharjee, Advocate for the appellant and Ms. G. Singh, learned Central Government Counsel, for the respondents.

(3.) THE facts in short leading to the filing of the writ petition as narrated therein, are essential to be noticed. The appellant, while deployed as a sentry with the Central Reserve Police Force (hereinafter also referred to as the 'force'), being attached to HQ/76 BN CRPF Halmira, Golaghat, was charged in a criminal case being Golaghat P. S. Case No. 257/1997 under Section 379 IPC, following a complaint of theft of a VIP suitcase lodged by one S. I. T. B. Hazari, 76 BN CRPF of Jonaki Nagar. The appellant as a consequence thereof, was arrested and remanded to judicial custody on 26. 07. 1997 and was released on bail on 14. 08. 1997. On his release however, the appellant went to his native home at Perumuchi, Tamilnadu, to get over the shock and disappointment without informing the respondent authorities. After returning to his place of service, he was seriously intimidated by his colleagues and was warned against resuming his duties. In these circumstances, he took shelter in a rented house in village Islampur under Merapani Police Station in the district of Golaghat.