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2023 Supreme(Del) 820

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Jagannath Naik – Appellant
Versus
Inspector General of Police – Respondent


Advocates appeared:
Mr.Himanshu Gautam, Mrs.Rani Chhabra & Ms.Riya Sethi, Advocates, for the Petitioner.
Mr.Vijay Joshi & Mr.Gurjas Singh Narula, Advocates with Mr. Saurabh Bhushan, DC (LAW), for the Respondents.

JUDGMENT

Suresh Kumar Kait, J.

1. The present petition has been filed by the petitioner seeking quashing of order dated 08.02.2017 to the extent respondents have imposed major penalty of stoppage of three increments with cumulative effect w.e.f. 31.01.2006 to 19.02.2017, which period has been directed to be treated as dies non. A direction is sought to the respondents to convert the major penalty of stoppage of three increments with cumulative effect with minor penalty proportionate to his offence and further grant him all consequential benefits regularizing his period from 31.1.2006 to 19.2.2017.

2. The petitioner- Jagannath Naik claims to have been enrolled in Central Reserve Police Force (CRPF) on 10.04.1991 as Constable (GD) and served in various units/battalions with unblemished record. The petitioner further claims to have received a telephonic call from his brother on 19.02.2005 in respect of his mother's deteriorating mental health and the fact of bringing her to Ranchi for treatment. The petitioner claims to have brought this fact to the notice of his immediate superior and obtained verbal permission to go Ranchi. For this reason, petitioner could not be present during th

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