UNION OF INDIA Vs. ZAHIDA AND ANOTHER

JUDGEMENT

(1.) This appeal is preferred by Union of India and its Officers against the order of the Writ Court made in SWP No. 963/2004 dated 16.03.2016 wherein the Writ Court allowed the writ petition, declaring that the deceased writ petitioner would be deemed to be in continuous service till the time of his death i.e 18.12.2005 and the appellants were directed to pay all service benefits to the legal heirs of the deceased writ petitioner, respondents herein, in accordance with rules within a period of four weeks.

(2.) The case projected by the writ petitioner( now deceased) namely Shabir Ahmad Khan in the writ court,was that he was appointed as a Constable in Central Reserve Police Force (CRPF) on 05.04.1997 and was attached with 5th Bn. On 3rd June, 2002 he was deputed to Dett Hqr, Amarpur in the capacity of a member of SOG Platoon. He was granted 60 days leave on 02.09.2002. Before proceeding on leave he deposited the ammunition except one Magazine and twenty rounds of Insas rifle. According to the petitioner he was in hurry and mental tension and forgot to deposit the same with the concerned authority and; after expiry of his leave period the deceased deposited the aforesaid ammunition with the concerned authority. For the said reason he was placed under suspension by order dated 16.11.2002 and enquiry was conducted. Thereafter the 2nd respondent passed the order of removal from service by order dated 04.04.2003. The appeal filed by the deceased writ petitioner was also rejected by order dated 26.03.2004, hence he filed the writ petition.

(3.) The contention of the writ petitioner (deceased) was that he failed to deposit the said ammunition not deliberately or intentionally but due to over sight as he was in hurry to go to his home. It was also urged that for his dereliction the extreme punishment of removal from service is not warranted and he prayed for quashing the order with consequential prayers.