JUDGMENT :

MANOJ MISRA, J.

1. Leave granted.

2. This appeal is against the judgment and order of the High Court of Orissa at Cuttack¹[High Court] dated 10.12.2020, whereby the Writ Appeal No. 435/2020, preferred by the appellants against the judgment and order of the learned Single Judge dated 14.01.2020, has been dismissed and the order of the learned Single Judge has been affirmed.

Factual Matrix

3. The respondent²[The original petitioner] was a Head Constable in Central Reserve Police Force³[CRPF]. He was charge-sheeted on allegations of assaulting and abusing his fellow colleague. In the ensuing enquiry, the charges were found proved against the respondent. As a result thereof, the respondent was compulsorily retired from service vide order dated 16.02.2006. Aggrieved therewith, the respondent filed a departmental appeal, which was dismissed by the Deputy Inspector General (P), CRPF vide order dated 28.07.2006.

4. Assailing the order of compulsory retirement and dismissal of his appeal, the respondent filed a Writ Petition (C) No.17398/2006 before a Single Judge Bench of the High Court. The learned Single Judge vide order dated 14.01.2020 allowed the writ petition, inter alia, on the