Akil Kureshi, J. - (1.) We have heard learned counsel for the parties for final disposal of the Appeal.
(2.) This Appeal is filed by the Union of India to challenge a judgment dated 26.08.2019 passed by the learned Single Judge in W.P. (C) No.702 of 2019.
(3.) Brief facts are as under: The respondent herein-original petitioner, Raju Singh was appointed as a Constable (GD) in Central Reserve Police Force ('CRPF', for short) on 18.09.1998. While he was so working as a Constable, an FIR was lodged against him on 13.10.2011 at Lefunga Police Station alleging offences punishable under Sections 324 and 307 read with Section 34 IPC. On account of the petitioner's involvement in the said criminal case, a departmental inquiry was instituted. He was also suspended from service. Two Charges were leveled against the petitioner. Charge Article-1 was that while functioning as a Constable, he assaulted another Constable A.K. Jamatia with a chopper and injured him. Charge Article-2 was that on 11.10.2011 the delinquent engaged in a transaction of purchase/sale of a motor cycle for Rs.45,000/- without the permission of the competent authority and also assaulted the said constable A.K. Jamatia. Upon completion of the departmental inquiry, the disciplinary authority passed an order dated 03.10.2012 by which he removed the petitioner from service. The period of suspension would not be treated as spent on duty. ;