- (1.) THE petitioner has filed this writ petition seeking a writ of certiorari quashing the impugned orders dated 17.03.2005 and 13.11.2002 passed by the respondents 2 and 3 respectively and for a mandamus directing the respondents to pay the arrears of the suspension period.
(2.) I have heard Shri M.A.Khan, learned counsel for the petitioner and Shri Deepak Verma appearing for the respondents.
(3.) THE relevant facts of the case, briefly stated are as follows. The petitioner, a Lance Nayak in the CRPF, along with 6 others started from Assam on 28.2.2000 for Kanpur by train. When the train reached Buxar station, the petitioner and Lance Nayak Ganpat Dubey disembarked therefrom, leaving behind their arms and ammunition with the rest of the party. The entire party under the command of the petitioner, reported for duty at Kanpur on 2.3.2002, one full -day behind schedule. It is the case of the respondents that the petitioner and Ganpat Dubey after disembarking, went home without the permission of the competent authority which is an act of serious indiscipline. Departmental proceedings were initiated against the 7 persons, including the petitioner. The petitioner was placed under suspension on 23.6.2000. The defense of the petitioner was that he got down at Buxar station for food and unfortunately missed the train. He thereafter purchased medicines and visited his relative who resided near by and was unwell and thereafter reached Kanpur a few hours late and that the charges against him were motivated and had been made to harass him.;