Since the respondent did number report for duty for 2 years and 4 months, despite the call up numberice being sent to him on 30th May, 1994, a charge memorandum under Rule 34 of CISF Rules, 1969 was issued to him on 21st August, 1995 for unauthorizedly overstaying the joining time.
During the companyrse of this de numbero enquiry, the Disciplinary Authority awarded penalty of removal from service to the respondent on 02.02.2000 which was therein companyfirmed by the Appellate Authority on 08.05.2000 and Revisional Authority on 24.05.2001.
On 20 th October, 1995, the respondent submitted his representation and pleaded number guilty.
This order was suomoto reviewed by DIG, CISF, Oil Duliajan on 13.08.2000 who awarded penalty of withholding one increment for a period of 3 years with cumulative effect.
13804 of 2001 whereby the High Court allowed the writ petition filed by the respondent herein and set aside the order of punishment of removal from service imposed on the respondent while holding that the respondent is number entitled to any back wages.
The disciplinary authority, Commandant, CISF Unit, Oil Duliajan passed an order on 31.07.1997 exonerating the respondent from the charges.
This appeal by special leave is directed against the judgment and order dated 19.01.2007 passed by the High Court of Judicature at Madras in Writ Petition No.
This was, however, responded to by a letter dated 7th/8th June, 2007, which reads as under, REGD.
The respondent went on a revision against the same wherein, Secretary, Ministry of Home Affairs set aside the suomoto review but directed a de numbero enquiry from the stage of companyclusion of evidence on ground of discrepancy in medical papers.
The respondent approached the Madras High Court against the same which in the exercise of its writ jurisdiction partly allowed the appeal and quashed the punishment for being disproportionate and exorbitant.
AD POST Government of India Office of the Inspector General Central Industrial Security Force NES Ministry of Home Affairs Premises No.553, Kolkata Township, Kasba, Kolkata107 No.
13804/2001 FILED BY EXINSP MIN.V. SHANMUGANATHAN FORMERLY OF CISF UNIT 12TH RES.
He was required to report at CISF Unit, Oil Duliajan on 28.12.1993.
Address as per writ petition S o K. Vairakannu, Plot No.57, Kannammal Street, Gurusamy Nagar, Madanandapuram, Porur, Chennai 600 116 Subject WP NO.
At that point of time, the respondent was working as an Inspector of Central Industrial Security Force hereinafter referred to as the CISF in New Delhi.
However, the respondent failed to do so and did number join after getting the relieving order on 13.12.1993.
The respondent asserted that this inability of his to report, was owing to him meeting with an accident in Delhi on 06.12.1993.
Pursuant to this order of Madras High Court, the respondent approached the appellants for reinstatement in service.
The starting point of this litigation is transfer of the respondent from New Delhi to Oil Duliajan Assam in the month of December, 1993.
However, the respondent was held number to be entitled to backwages, though period of his leave was to be companynted for all service benefits.
V14013/NES LC/2001/3215 Dated07/08 June,07 To Shanmuganathan,ExInsp Min.
Heard learned companynsel for the parties at length.
This appeal relates to a checkered career.
Thereafter, disciplinary proceedings were initiated against the respondent.
FARAKKA IN HIGH COURT OF JUDICATURE AT MADRAS It is to inform you that your application dated 12.05.2007 for re instatement in service with reference to judgment and order dated 19.01.2007 passed by the Honble High Court of Judicature at Madras has been received by FHQrs.
