JUDGMENT :

M. R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 01.09.2017 passed by the High Court of Judicature for Rajasthan Bench at Jaipur in D.B. Special Appeal Writ No. 303/2005, by which, the High Court has allowed the said appeal preferred by the respondent herein and has set aside the penalty imposed by the disciplinary authority and has directed the appellant(s) to reinstate him in service with notional benefits without any back wages, the Union of India and others have preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under: -

2.1 That the respondent was serving in disciplined force – CRPF. A departmental enquiry was initiated against him and was served with a chargesheet alleging the charges as under: -

“That No. 911120421 CT/GD Sunil Kumar Jat of F/118 CRPF while functioning as CT/GD committed an act of gross misconduct and disobedience of orders in his capacity as a member of the Force under section 11(1) of CRPF Act, 1949 in that he misbehaved, in subordinated with Shri Ajay Mishra, Dy. Comdt. (Adjutant), Dr. J.N. Trivedi, SMO and Sub-Inspector Ramesh Chandra of 94 Bn. then attached w