PREM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY way of present writ petition, petitioner has assailed the impugned order dated 3.5.2002 (Annexure P-10) and 26.10.2002 (Annexure P-11) whereby the services of the petitioner w.e.f. 9.9.1993 to 22.4.2002 have been treated as dies non and not taken into account for the purposes of awarding consequential service benefits to him.

(2.) ON 14.4.1976 petitioner was enrolled as a Constable in 6th Battalion of Indo Tibetan Border Police at Kinnuar and continued to work as such at various places. For the charge of remaining absent from duty with effect from 9.9.1993 to 25.9.1993 under Section 10(m) of the Central Reserve Police Force Act, 1949 (hereinafter referred to as the Act) vide orders dated 15.10.1993 petitioner was convicted and sentenced imprisonment till rising of the Court.

(3.) THEREAFTER the respondents reinstated the petitioner in service with immediate effect in terms of its order dated 17.4.2002 and vide orders dated 3.5.2002 he was informed that the period of his absence with effect from 9.9.1993 to 26.9.1993 for 18 days and 27.9.1993 to 15.10.1993 for 19 days, has been directed to be treated as dies non for all purposes. However, for his absence from duty w.e.f. 16.10.1993 to 22.4.2002 resulting due to the passing of the order of dismissal from service was to be considered under the provisions of F.R. 54-A and the decision of the Govt. of India. Further, vide orders dated 26.10.2002 petitioner was informed that his period of absence from duty w.e.f. 16.10.1993 to 22.4.2002 has been treated as dies non for all purposes. It is this order which is a subject matter of challenge in these proceedings.