JUDGMENT :

SANJIV KHANNA, J.

This appeal, which has been preferred by Central Industrial Security Force¹[For short, “CISF”.] and two others, takes exception to the judgment dated 16.12.2014 in Special Civil Application No. 13718 of 2004, whereby the High Court of Gujarat has allowed the writ petition preferred by Respondent No.1 – Santosh Kumar Pandey and directed his reinstatement in service with 50% back wages from the date of his removal.

2. Respondent No. 1 – Santosh Kumar Pandey, who was working as a constable with the CISF, was posted at the Greenbelt Area of the IPCL Township, Vadodara, Gujarat, where he was charge-sheeted vide memorandum dated 28.10.2001 on allegations of misconduct, which allegations we shall refer to in some detail subsequently.

Respondent No.1 – Santosh Kumar Pandey having denied the allegations, Deputy Commandant - N.K. Bharadwaj was appointed as the Inquiry Officer, who vide his report dated 28.01.2002 held that the charges levelled against Respondent No.1 – Santosh Kumar Pandey stand proven. Respondent No.1 – Santosh Kumar Pandey made a representation, and thereby questioned the inquiry report and claimed that he should be exonerated of the charges. The d