Judgment :

Dr. B.S. Chauhan, J.

1. This Appeal has been filed against the Judgment and Order of the Division Bench of the Calcutta High Court dated 31st January, 2002 in FMAT No. 1370 of 1992 by which it affirmed the judgment and order dated 16th July, 1991 of the learned Single Judge passed in Civil Order No.3885 W of 1987 setting aside the order of punishment of removal awarded by the Disciplinary Authority to the respondent employee.

2. The facts and circumstances giving rise to this appeal are that respondent joined the service as Security guard in Central Industrial Security Force (CISF) in August, 1980. He remained absent from duty without seeking permission or leave, thus, vide order dated 12th August, 1984, he was awarded the entry of censure for the same. Respondent was again punished for remaining absent from duty for three days vide Order dated 22 nd July, 1985 withholding one annual increment for two years. The respondent again absented himself from duty from 31st August, 1985 to 8th September, 1985 i.e. for six days for which vide Order dated 5th September, 1985, he was imposed the punishment of withholding of one annual increment for three years. The respondent again d