R.K. Agrawal, J. - (1.) The applicant was employed as a Cook in the Central Reserve Police Force since 1991. On account of serious illness of his wife, he applied for leave. He was granted one day station leave on 24.5.1998. However, he requested for extension of his leave by sending telegrams and applications which was not sanctioned and disciplinary proceedings were initiated against him. After considering the reply submitted by the applicant the Additional Deputy Inspector General of Police, C.R.P.F., Allahabad vide order dated 24th February, 1999 had held the applicant guilty of over staying without leave and removed him from service w.e.f. 24th February, 1999 afternoon. The appeal and revision preferred by the applicant did not meet with any success whereupon the applicant challenged the order of removal by means of filing Civil Misc. Writ Petition No. 28801 of 1999 which was allowed by this Court vide judgment and order dated 27th February, 2001 and the extreme punishment of removal from service was set aside as the punishment was highly disproportionate to the charges levelled against him and it shocked the conscience of the Court and in the interest of justice instead of removing the applicant from service three increments with cumulative effects were directed to be withheld.
(2.) Against the order dated 27th February, 2001 the Respondent preferred Special Appeal No. 347 of 2001 which was dismissed vide judgment and order dated 19th April, 2002. The order dated 19th April, 2002 became final between the parties.
(3.) As the judgment and order dated 27th February, 2001 was not complied with the applicant filed Contempt Petition No. 3023 of 2001 in which while issuing notice a direction was issued that if the order is complied with by the Respondent, he need not appear in person before the Court. Pursuant thereto the order dated 27th February, 2001 was complied with and the applicant was directed to join his duties vide order dated 8th April, 2002. The applicant joined his duties on 16th April, 2002. The order dated 8th April, 2002 was made subject to the result of the special appeal. As the special appeal preferred by the Respondent had been dismissed by this Court vide order dated 19th April, 2002 the applicant claimed for payment of back wages with all other benefits which were admissible to him under law. The same was, however, declined by the Respondents vide order dated 24th June, 2002 on the ground that the applicant did not work during the intervening period. The order dated 24th June, 2002 was challenged by the applicant by filing Civil Misc. Writ Petition No. 47399 of 2002 which was dismissed vide order dated 26th August, 2008. The applicant preferred Special Appeal No. 1414 of 2008 which has been admitted on 16th October, 2008.;