TUNTUN KUMAR ROY Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Prashant Pratap, learned counsel for the petitioner and learned Assistant Solicitor General appearing on behalf of the Union of India. The petitioner in the present writ application seeks a direction to the Respondents for payment of full salary with all consequential benefits for the period 26.10.1999 to 12.10.2010 during which the petitioner remained out of service because of an order dated 26.10.1999 passed by the disciplinary authority, which came to be quashed by an order of this Court dated 13.12.2002 passed in C.W.J.C. No. 6330 of 2001, subsequently, affirmed by an order dated 22.4.2010 passed in L.P.A. No. 234 of 2003 by a Division Bench of this Court.

(2.) Facts are not at all in dispute. The petitioner is a Constable in Central Reserve Police Force. A disciplinary proceeding was initiated on the charge of his unauthorized absence from service. In the departmental proceeding, the petitioner was held guilty of the charge framed against him and the punishment petitioner's removal from service was imposed upon him. His service, for the period during which he had absented him unauthorizedly, was however regularized as "leave without pay".

(3.) The order dated 26.10.1999, by which the petitioner was removed from service also contemplated forfeiture of all medals and decorations given/conferred upon the petitioner. It was indicated in the said order of removal that the petitioner's absence from 1.1.1999 to 5.2.1999 (36 days) and 10.3.1999 to 21.4.1999 (43 days) would be regularized as "leave without pay".