UNION OF INDIA Vs. ARATI PATTANAIK

JUDGEMENT

(1.) The instant intra-court appeal, under Clause 10 of the Letters Patent, is directed against order dtd. 20/9/2021 passed by learned Single Judge in W.P. (S) No. 3277 of 2009, whereby and whereunder the writ petition was allowed passing following directions: "9.Be that as it may. Since similarly situated co employees, whose writ applications has already been allowed by this Court and further they have been reinstated in service and also received back wages pursuant to the order passed by the Division Bench; as such, there is no reason that these petitioners who are the legal heirs will not be entitled for consequential monetary benefits when the case of the original- petitioner is identical.

(2.) Brief facts of the case, as per the pleadings made in writ petition, reads as under:

(3.) The original writ petitioner, who was an employee of Central Industrial Security Force (in short 'CISF'), was put under suspension vide order dtd. 27/6/2007 and subsequently vide letter dtd. 5/7/2007, charge-sheet was served upon him alleging therein that he was found involved in incident of facilitating theft of scrap material and copper from Bokaro Steel Plant on 23/6/2007. Further, he gave instruction to Constable Rajender Singh to allow Truck No. WB39-9954 to enter the premise of Relling Mill Area of Bokaro Steel Plant which was carrying the theft material. On the charges aforesaid, the original writ petitioner was proceeded departmentally in which he was found guilty by the enquiry officer, basis upon which the disciplinary authority awarded punishment of dismissal from service vide order dtd. 7/12/2007, against which, the original petitioner preferred appeal which was also dismissed vide order dtd. 31/7/2008. Against the order passed by appellate authority, the petitioner preferred revision which was also dismissed vide order dtd. 19/5/2009.