Sudhir Agarwal, J. - (1.) Heard Sri Ved Prakash, Advocate holding brief of Sri Rakesh Pandey, learned counsel for petitioner and Sri Santosh Kumar Shukla, learned counsel for respondents as well as learned Standing Counsel for State.
(2.) Petitioner is a Constable, enrolled in 1983 in Central Reserve Police Force, 74 Battalion (hereinafter referred to as 'CRPF') and was initially posted at Mughalsarai, District Varanasi. In 1990, he was sent on deputation in Central Bureau of Investigation, Ghaziabad (hereinafter referred to as 'CBI'). Vide order dated 31.03.1998, CBI repatriated petitioner to his parent department i.e. CRPF vide order dated 02.04.1998 passed by Superintendent of Police (Training), CBI Academy, Ghaziabad noticing that petitioner has already been repatriated and relieved from duty with effect from 31.03.1998 and also directed to report his duty to Assistant Director (Personnel), CRPF Head Quarters, C.G.O. Complex, New Delhi after availing earned leave from 01.04.1998 to 08.05.1998. However, after expiry of earned leave, petitioner did not join CRPF. A letter was issued to Commandant CRPF 74 Batallian about non-joining of petitioner, whereafter he submitted reply vide letter dated 03.10.1998 seeking medical leave stating that he is ill and under treatment in District Hospital, Ghaziabad.
(3.) It further appears that repatriation order was challenged before Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as "Tribunal") in Original Application (hereinafter referred to as "OA") No. 779 of 1998 along with similarly placed other persons. Tribunal disposed of said application vide judgment dated 06.04.1999 and operative part of judgment read as under :- "(i) Applicants shall be allowed to join back and continue with the respondents (CBI) only upto the date their cases are reconsidered at a very high level particularly by R-1, in the light of the guidelines enunciated by the respondents order dated 27.8.1997; (ii) Applicants shall stand repatriated or allowed to continue with CBI at par with others, depending on the decision to be taken by R-1. This shall be done within a period of three months from the date of receipt of a certified copy of this order. (iii) Whatever may be the decision of Director/CBI, the same shall be communicated to applicants individually at the appropriate level within the time limit as aforementioned. (iv) The intervening period i.e. date from which they were released on repatriation treated as leave of the kind due to them and salary paid accordingly. No action shall be taken in respect of those against whom warrants of arrests have been issued or eviction proceedings for not vacating Government quarters allotted to them have been initiated. (v) There shall be no order as to costs.";