SURESH DHAR DUBEY Vs. UNION OF INDIA & OTHERS
LAWS(ALL)-2017-12-165
HIGH COURT OF ALLAHABAD
Decided on December 18,2017

SURESH DHAR DUBEY Appellant
VERSUS
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

Siddharth, J. - (1.) Heard Shri Gulab Chandra, learned counsel for the petitioner and Shri Tej Prakash, learned counsel for the respondents.
(2.) The petitioner has filed the above noted writ petition, praying for the quashing of the order of compulsory retirement dated 23.05.2000 passed by respondent no.2, Commandant, 85, Bn. Central Reserve Police Force, Bokajan, Assam, Appellate Order dated 14.08.2000, passed by respondent no.4, Deputy Inspector General, Central Reserve Police Force, Allahabad and Revisional Order dated 01.01.2008, passed by respondent no.5, Inspector General of Police, Central Sector, Central Reserve Police Force, Lucknow, U.P. Further direction has been sought commanding the concerned respondents to treat the petitioner as regular/reinstated in his service w.e.f., 23.05.2000 (date of compulsory retirement) to 07.01.2004 (date of superannuation) and to ensure payment of full salary and other emoluments and permissible benefits under the Law alongwith 18% interest to the petitioner.
(3.) The brief facts of the case are that the petitioner, while working on the post of Hawaldar in Central Reserve Police Force at Bokajan, Assam was charge sheeted on 27.11.1999 with the imputation that he was granted leave of 15 days from 03.08.1999 to 15.08.1999. He absented from duty for 42 days from 19.08.1999 to 30.09.1999 without permission of the competent authority. He has submitted the proof of illness and prior to this absence, he was also absent for 64 days from 26.04.1999 to 28.06.1999 on the ground of illness, which amounts to misconduct as per Section-11(1) of the Central Reserve Police Force Act.;


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