- (1.) HEARD counsel for the parties.
(2.) CHALLENGE in this writ application is to the Office Order No. P -VIII -3/2002 - 106 -Estb. -2 dated 23.4.2003 (Annexure -3) issued by the Commandant, 106 Battalion, RAF (H.Q.), TELCO, Jamshedpur (Respondent No. 4) whereby a punishment has been inflicted upon the petitioner by way of withdrawal of two increments with cumulative effect and cancellation of 50 days of earned leave, adjustment of 321 days as E.O.L and refusing to count the period of suspension as a period permitted only. A further prayer has been made for quashing the Order No. R XIII -15/2003 - R.A.F. -Estb. -3 dated 31.1.2004 (Annexure -4) issued by the Respondent No. 3 and also for quashing the Order No. R -Xlll -2/04 Adm. 1(MWK) dated 7.10.2004 (Annexure - 5) issued by the Respondent No. 2. Facts of the petitioner's case in brief is as follows: '' Petitioner was posted as a Hawaldar/ driver of the Rapid Action Force 106 Battalion. He proceeded on leave on 5.3.2001 for attending the marriage of his sister at his native place after obtaining permission from the concerned authorities. On his reaching his native place, he was informed that though, in an earlier criminal case instituted against him, the Investigating Officer had submitted final report exonerating the petitioner, but in course of the trial, an order was passed by the Trial Court under Section 319 of the Code of Criminal Procedure, making the petitioner as an accused in the case and demanding his appearance in the case for facing trial.
(3.) CONSIDERING the fact that warrant of arrest has been issued against him, he had surrendered himself before the Trial Court on 15.3.2001 and upon his prayer for bail being rejected, he was remanded to judicial custody.;