HC/GD HARISH CHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, through the medium of the present petition, has challenged order dtd. 7/3/2019 issued by respondent No.3, whereby the punishment of compulsory retirement from service has been imposed upon him and order dtd. 9/2/2018 issued by respondent No.4, reinstating the petitioner in service, has been set aside.

(2.) According to the petitioner, he had joined the service in CRPF on 1/4/1991 as a Havaldar/GD and was posted in 45th Battalion at Sumbal, District Bandipora, Kashmir. The petitioner proceeded for five days leave on 9/5/2016 and was to resume his duties on 14/5/2016. However, due to compelling circumstances, he could not resume his duties. It has been submitted that the petitioner fell ill, as a result of which, he left his registered original residential house in Chindwara, Madhya Pradesh, and went to reside in the city area for his treatment which falls in Ward No.3 Ambara, District Chindwara, which is approximately 80 kms away from his original registered residence. It has been further submitted that during his illness, the petitioner was dismissed from service by the Commandant, 45th Battalion CRPF, vide his order dtd. 4/4/2017.The said order came to be challenged by the petitioner in an appeal before respondent No.4, who, vide order dtd. 9/2/2018, modified the order of the Commandant and reinstated the petitioner back in service, while imposing a penalty of stoppage of annual increments for two years from the date of accrual of next increment i.e from 1/7/2018 to 30/6/2020.

(3.) The aforesaid order of respondent No.4 was kept in abeyance by respondent No.3 in terms of his order dtd. 21/2/2018 and was ultimately set aside by the said respondent in terms of order dtd. 12/7/2018 and order dtd. 4/4/2017 regarding dismissal of the petitioner from service as imposed by the Commandant was upheld.