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2016 Supreme(Gau) 478

AJIT SINGH, N.CHAUDHURY
UNION OF INDIA – Appellant
Versus
MD. HUSSAIN AHMED – Respondent


Advocates Appeared:
For the Applicants : Mr. SC Keyal
For the Respondent: Mr. G. Alam

JUDGMENT :

Ajit Singh, J.

Heard on admission.

This is an application for condonation of delay of 232 days in filing Writ Appeal against the judgment and order dated 30.1.2014 passed by the learned Single Judge of this Court whereby he has allowed non-applicant’s WP(C) No. 6408/2007.

By order under challenge, the learned Single Judge has quashed the punishment of compulsory retirement of respondent with a direction to the applicants to re-instate him in service.

The non-applicant was working as Constable (General Duty) in B-179 Battalion of Central Reserve Police Force (CRPF). He was subjected to disciplinary proceedings on two charges viz. (i) on 20.4.2006 he remained absent from Camp/Line at noon without prior permission of any superior officer, and (ii) On the same day, he was deputed as quarter guard at 1600 Hours, but he was found absent from duty.

The Enquiry Officer, however, conducted the enquiry without the participation of any presenting or defence officer. There was no presenting officer to produce the documents and this task in fact was discharged by the Enquiry Officer. The Enquiry Officer thus discharged dual role of the prosecutor and the judge. Also some of the additional
















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