ORDER

Union of India challenges the order passed by the Division Bench of the High Court of Patna. Respondent Madhusudan Prasad was a Safai Karamchari in CRPF. In the year 1994 he proceeded on leave and he should have reported for duty on 31.3.1994 . Even after the expiry of the leave, he did not report for duty and overstayed leave without giving any information. The authorities treated him a deserter and issued a warrant of arrest and he was produced before the Chief Judicial Magistrate-cum-Commandant. The Magistrate imposed him a penalty of 15 days rigorous imprisonment. After the imposition of the penalty, the Commandant of CRPF issued an order of dismissal from service. Aggrieved by this order of dismissal, the respondent preferred an appeal and the appellate authority held that the disciplinary authority should have afforded reasonable opportunity to the respondent and as the respondent was not served with any show cause notice nor there was any enquiry preceding the dismissal, the order passed by the disciplinary authority was set aside and directed to reinstate the respondent in service. The appellate authority further observed that the period of absence from the date of