P CHANDRA MOULI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. T. C. Khetri, learned senior counsel appearing for the two petitioners. Also heard Mr. H. Rahman, learned Asstt. Solicitor General of India in W. P. (C) No. 371/02 and Ms. R. Bora, learned Central Government Counsel in W. P. (C) No. 1392/05, who represents the respondents.

(2.) THE petitioner P. Chandra Mouli in W. P. (C) No. 371/02 was a Superintendent and the petitioner Kishan Chand Sharma in W. P. (C) No. 1392/05 was a Fire Supervisor under the Border Roads Organisation, being described hereinafter as 'gref'. The two petitioners have since been compulsorily retired from service by separate orders dated 19. 9. 94 and 23. 12. 94 and are before this Court to challenge the orders of the disciplinary authority, to treat the period of suspension till the effective date of compulsory retirement, as 'dies-non' for all purposes including pension.

(3.) AS facts are substantially similar in the two cases and common arguments have been advanced by the learned senior counsel, both the writ petitions are being disposed of by this common order. The facts noted herein for the purpose of reference are taken from the W. P. (C) No. 371/02 filed by the petitioner P. Chandra Mouli.