A.K.Banerjee, J. - (1.) - The writ petitioner was a constable in Central Reserved Police Force, he was served with a chargesheet. Charges stipulated in the said charges are set out as follows: ARTICLE-I"That the said No. 861310112 const. Niranjan Santra of this unit who was attached with 40 Bn CRPF to perform duty in Transit Officer Mess, while functioning as Security aid in Transit Officers Mess, on 9/3/91, committed gross remissness and misconduct in his capacity as a member of the force under section 11(1) of CRPF Act 1949 read with rule-27 of CRPF Rules-1955, in that he left lines at about 1430 hrs. without obtaining any permission/leave from the competent authority. ARTICLE-II That the said No. 861310112 Const. Nirajan Santra while functioning as Security Aid in Transit Officers Mess, committed on act of gross misconduct in that. After leaving 40 Bn Campus/lines without obtaining prior permission/leave from competent authority he on 9/3/91 went to Budha Jayanti Park and got involved in a criminal case under sections 385/170 and 121 IPC vide FIR No. 57/9 dated 9/3/91 P/S Channakyapuri, New Delhi. He thus committed an offence under section 11(1) of the CRPF Act 1949 read with rule-27 of CRPF Rules. 1955".
(2.) On the basis of the said charge-sheet the disciplinary proceeding was conducted and ultimately the writ petitioner suffered an order of dismissal appearing at page 24 of the writ petition. The writ petitioner preferred an appeal before the appellate authority which was also dismissed. The writ petitioner thereafter applied for review the order of the appellate authority in the changed circumstances as the charge-sheet was based upon the criminal proceeding wherefrom the writ petitioner has been acquitted by the appropriate criminal court. During the pendency of the review application the writ petitioner approached this Court and his writ petition being C.O. 8856(W)/1995 was disposed of by a judgment and order dated November 23, 1998 wherein this Court directed to consider the matter afresh on its merits in the light of the order of acquittal passed by the criminal Court. In terms of the said judgment and order dated November 23, 1998 the application for review was considered by the respondent authority and the said application upon consideration was rejected by the concerned authority. Against the said order of rejection, hence, this writ petition.
(3.) This writ petition started appearing in my list from the month of June 2001 and on 19th June, 2001 said writ petition was called on for the second time when none appeared on behalf of the writ petitioner. Since the writ petition pertains to order of dismissal instead of dismissing the same for default I requested Mr. K. K. Moitra, learned senior counsel who was present in Court, to appear on behalf of the writ petitioner. Accordingly, the matter was adjourned to enable Mr. Moitra, learned counsel to get ready in the matter. This matter was taken up for hearing on 3rd July, 2001 and the hearing is concluded today. This Court records this appreciation for valuable contribution of Mr. Moitra, learned senior counsel in effective disposal of this case.;