ORDER

1. HEARD COUNSEL FOR THE PARTIES.

2. SPECIAL LEAVE GRANTED.

3. THE UNION OF INDIA HAS CHALLENGED THE JUDGMENT AND ORDER OF THE HIGH COURT OF JUDICATURE AT BOMBAY DATED 22-9-2004 IN WRIT PETITION NO. 6954 OF 1998. IN THE AFORESAID WRIT PETITION FILED BY THE RESPONDENT HEREIN, THE HIGH F COURT ALLOWED THE WRIT PETITION BY ITS IMPUGNED JUDGMENT AND DIRECTED THE REINSTATEMENT OF THE RESPONDENT IN SERVICE BUT DENIED HIM BACK WAGES.

4. A FEW FACTS OF THE CASE MAY BE NOTICED AT THIS STAGE. THE RESPONDENT JOINED THE CENTRAL RESERVE POLICE FORCE (FOR SHORT "CRPF") AS A CONSTABLE ON 23-4-1986. HE APPLIED FOR LEAVE ON 16-6-1997 AND WAS ON LEAVE TILL 2-7-1997 WITH EXTENSIONS. HOWEVER, HE NEVER REPORTED FOR DUTY THEREAFTER. SEVERAL NOTICES WERE SENT TO HIM BUT THERE WAS NO RESPONSE. EVEN THE ARREST WARRANT ISSUED AGAINST HIM REMAINED UNEXECUTED. AN INQUIRY WAS ORDERED AND AFTER INQUIRY, THE DISCIPLINARY PROCEEDING WAS CONCLUDED AND AN ORDER WAS PASSED BY THE DISCIPLINARY AUTHORITY ON 2-11-1998 DISMISSING THE RESPONDENT FROM SERVICE. THE RESPONDENT THEREAFTER MOVED THE HIGH COURT AND THE HIGH COURT, BY ITS JUDGMENT AND ORDER AFORESAID, ALLOWED THE WRIT PETITION OF THE H RESPONDENT AND ORDERED