Sudhir Agarwal - (1.) Heard Sri Siddharth Khare, learned counsel for appellant and Sri Manoj Kumar Singh, learned counsel for respondents.
(2.) This intra Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as 'Rules, 1952') has arisen from judgment dated 09.08.2010 passed by learned Single Judge dismissing appellant's Writ Petition No.17685 of 2000. Writ petition was filed by petitioner-appellant (hereinafter referred as 'appellant') challenging order dated 04.01.2000 passed by Commandant, 46th Batallion, Central Reserve Police Force (hereinafter referred to as 'CRPF'), New Police Colony Road, Amritsar, Punjab imposing punishment of dismissal under Section 11(1) of Central Reserve Police Force Act, 1949 (hereinafter referred to as 'Act, 1949') and further directing that petitioner shall not be entitled for fully salary for the period of suspension except subsistence allowance already paid and his absence from 04.06.1999 to 02.07.1999 shall be treated as half pay leave. Petitioner has also challenged order dated 29.02.2000 passed by Deputy Inspector General, CRPF, Rampur (hereinafter referred to as 'Appellate Authority'), dismissing his appeal against dismissal order passed by Commandant, CRPF.
(3.) Facts, in brief, giving rise to this writ petition are that petitioner was appointed as Constable in CRPF. He is otherwise resident of District-Gorakhpur where his wife and minor son are living with his father. Petitioner's wife and son fell ill, hence, petitioner sought leave in the month of February, 1999 and visited hometown Gorakhpur to attend his wife and son. Thereafter, he reported for rejoining in March, 1999 at Jalandhar (State of Punjab).;