UNION OF INDIA AND ORS. Vs. DALEEP KUMAR

JUDGEMENT

(1.) The respondent -writ petitioner at the time of inflicting of punishment upon him was holding the Rank of Hawaldar. By the punishment, his rank was reduced to the Rank of Sepoy and his services were brought to an end because he had completed his tenure of service as a Sepoy. The punishment was awarded to the respondent -writ petitioner by the Competent Authority by treating him as a deserter.

(2.) The respondent -writ petitioner challenged the action of the Competent Authority for reducing him from the Rank of Hawaldar to the Rank of Sepoy by filing SWP No. 198/2000, inter -alia, on the ground that initially because of his domestic problem he applied for leave which was sanctioned in his favour and thereafter, he sought for extension of leave which was also sanctioned in his favour. Thereafter he was taken seriously ill which required his hospitalization and was surgically operated upon. After recovering from ailment, he on 20th July, 1999 reported for duty, but was not allowed to enter the Unit by the Santry.

(3.) The learned writ court vide judgment dated 17th July, 2002, quashed the order of sentence whereby respondent -writ petitioner was reduced in rank. In the impugned judgment, it is provided that the petitioner would now report for duty and would start getting salary w.e.f. the date he produces copy of the order dated 17th July, 2002 before the Authority Concerned in the Centre where he was earlier posted. It was further provided that how the intervening period is to be treated would depend on the decision to be taken by the appellants.