J.J. Munir, J. - (1.) The petitioner has brought the present petition, challenging an order dated 07.01.2016, passed by the Deputy Inspector General of Police, Group Center, Central Reserve Police Force, Allahabad (now Prayagraj) to the extent that it declines full wages to the petitioner for the period 17.04.2008 to 19.07.2013. Further, a mandamus has been sought, ordering the respondents to release full pay and arrears for the period 17.04.2008 to 19.07.2013, together with award of seniority and grant of promotion. In substance, the petitioner asks this Court to treat the period 17.04.2008 to 19.07.2013 as period of service deemed to be rendered free from blemish, like any other employee.
(2.) The facts giving rise to the present writ petition are these : The petitioner was recruited on the post of Constable/Mali with the Central Reserve Police Force(for short CRPF ) in the year 1991. He was posted at the Group Centre, Allahabad in the month of December, 2008. Shorn of unnecessary details, it appears that the petitioner's wife was unwell and undergoing treatment at the Nazreth Hospital, Prayagraj. The petitioner was detailed to Sentry duty at the residence of the Deputy Inspector General of Police, Group Center, CRPF, Allahabad on 01.03.2008 from 18:00 hours to 02.03.2008 until 18:00 hours, along with other guards. The petitioner, however, on 02.03.2008, left post from 06:00 hours to 08:00 hours. The respondents say that this absence from post was without permission, whereas, the petitioner claimed that he had sought the requisite permission. A preliminary inquiry was held in the matter. A departmental inquiry was ordered under Section 11(1) of The Central Reserve Police Force Act, 1949(for short the Act of 1949 ) read with Rule 27 of the The Central Reserve Police Force Rules, 1955(for short the Rules of 1955 ). Vide memo dated 13.03.2008 issued by the Additional Deputy Inspector General of Police, Group Center, Allahabad, two charges were framed against the petitioner. The first was about his unauthorized absence from post on 02.03.2008 from 06:00 hours to 08:00 hours, without the permission of the competent authority, and the other was that on 02.03.2008 at 05:45 hours, the petitioner, without permission of the competent authority, carried his service weapon/ammunition to his allotted government quarter, and that he left the weapon and ammunition without security at his quarter located in the camp compound for the period of time that he moved out of the camp premises to drop his wife to the railway station.
(3.) A departmental inquiry followed. At the conclusion of the disciplinary proceedings, about which there is no issue here, the petitioner was punished by the Disciplinary Authority/Additional Deputy Inspector General of Police, Group Center, CRPF, Allahabad, inflicting the following penalties : [1]. Dismissal from service w.e.f. 17.04.2008. [2]. The period of suspension pending inquiry from 02.03.2008 to 16.04.2008 (46 days) to be treated as such. There were certain ancillary directions, that are not relevant.;