Jayanta Kumar Biswas, J. - (1.) This appeal has been filed, against the judgment and order dated 24th June 1998, passed by a learned single Judge, on the writ petition Civil Order No. 6228 (W) of 1993 filed in this Court by the respondent No. 1 herein.
(2.) By the impugned judgment and order the learned single Judge was pleased to quash the order of dismissal from service, passed against the respondent no. 1, in a disciplinary proceeding; and direct reinstatement of the respondent no. 1 into service, with full back wages (excepting for the period of over-stayal)
(3.) On 1st May 1980 the respondent no. 1 was appointed as is temporary Security Guard (later on came to be known as 'Constable'), in the Central Industrial Security Force (in short 'C.I.S.F.') . A charge-sheet dated 10th September 1991 was issued against him, under rule 34 of the C.I.S.F. Rules, 1969. The charges were as follows:- "Article of Charge No. 1 No. 8017760/802260240 Constable N. Mishra of C.I.S.F. Unit FSTPP Farakka while proceeded on 15 days CL from 1.7.91 to 15.7.91 with prefix on 30.6.91 and extended the said leave upto 25.7.91, is overstaying leave without permission from the competent authority thereby exhibits an act amounting to gross misconduct and unbecoming of a member of the disciplined Force. Article of Charge No. II No. 8017760/802260240 Constable N. Mishra of C.I.S.F. Unit F.S.T.P.P. Farakka is a habitual offender who failed to correct himself despite giving several punishments, to mend him thus exhibits a conduct unbecoming of a member of the disciplined Force.";