UNION OF INDIA Vs. SUNDESWAR CHOUDHURY
LAWS(GAU)-2018-11-20
HIGH COURT OF GAUHATI
Decided on November 13,2018

UNION OF INDIA Appellant
VERSUS
Sundeswar Choudhury Respondents

JUDGEMENT

A.S. Bopanna, J. - (1.) Heard Mr. S.C. Keyal, learned Assistant Solicitor General of India, appearing for the appellants and Mr. P. Kataki, learned counsel appearing for the respondent.
(2.) The appellants are before this Court assailing the order dated 16.07.2013 passed by the learned Single Judge in WP(C) No.6908/2003. The appellants having initiated action against the respondent by issue of the Article of Charge dated 11.01.1997 had concluded the proceedings and through the order dated 24.09.1997 had dismissed the respondent from service of the Central Reserve Police Force (CRPF in short). The respondent claiming to be aggrieved by the same had preferred an appeal to the appellate authority. The appellate authority through the order dated 14.02.1998 had upheld the order passed by the disciplinary authority and the revisional authority also had dismissed the revision through the order dated 03.04.1999. It is in that circumstance, the respondent had approached this Court in the writ petition.
(3.) The learned Single Judge while taking note of the rival contentions, had kept in perspective Rule 27 of the CRPF Rules, 1955 and in that light, taking note of the procedure as contemplated thereunder, was of the opinion that the enquiry proceedings is vitiated in as much as the Presenting Officer had not been appointed and further the respondent herein had not been provided an opportunity to file his reply in the enquiry proceedings and therefore, the learned Single Judge had set aside the order passed by the appellants and had directed reinstatement with benefits as indicated and 50% of the back wages. The appellants, therefore, claiming to be aggrieved are this Court.;


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