- (1.) Heard Sri Udit Chandra holding brief of Sri Subhodh Kumar for the appellant and Sri S.K. Shukla appearing for the respondent.
(2.) This intra court appeal has been filed challenging the judgment and order dated 12.12.2002 passed in civil misc. Writ Petition No. 42351 of 1997 Constable No. 850774845 Lalji Pandey v. Director General, C.R.P.F. and Ors. whereby the impugned punishment order dated 17.03.1994 of dismissal from service, on the charge of unauthorized absence of duty was set aside and the matter was remanded to the punishing authority with a direction that the respondent (petitioner) shall be awarded lesser punishment having regard to the nature and circumstances of the case and in the light of the observations made in the judgment expeditiously preferably within one year from the date of the order. The writ petition was filed by the delinquent employee after exhausting the departmental remedy of appeal as well as the revision before the competent authorities which were rejected.
(3.) A preliminary objection has been raised by the counsel for the respondent submitting that the present special appeal is not maintainable in view of the law laid down by the full bench of this Court in the case of Sheet Gupta v. State of U.P. and Ors., 2010 1 ALD 1, as the writ petition was filed challenging the punishment order dated 17.03.1994 of dismissal from service, appellate order dated 16.06.1996 rejecting the appeal filed against the punishment order of dismissal and the revisional order dated 26.10.1997 rejecting the said appeal by the department.;