ORDER :

1. This appeal has been preferred against the judgment dated 22.04.2010 passed by learned Single Judge, whereby the writ petition filed by petitioner-respondent was allowed with the following directions:-

“In the result, writ petition is allowed. Impugned orders dated 31.08.1994 and 25.02.1995 are set-aside. Petitioner is held entitled to be reinstated in service with continuity. However, keeping in view the length of time which has elapsed between the order of penalty and now when this judgment is being passed and in totality of circumstances, petitioner is held entitled to only 50% of the consequential monetary benefits although he would be otherwise entitled to other benefits arising out of such continuity including retiral benefits and other consequential benefits.

Compliance of the judgment shall be made within a period of three months from the date copy of this order is produced before the respondents.”

2. The petitioner-respondent had filed a writ petition. Case of the petitioner-respondent was that he was initially appointed as Constable and continued on the post of Driver- Constable. During the said period, the petitioner-respondent had applied for the acquired leave for thirty days and the Superintendent of Police, Dholpur vide Order No. 45/1992 dated 27.01.1992 accepted the application for leave and granted the said leave to the petitioner. The petitioner before proceeding on leave, sought the permission from Reserve Inspector, Dholpur (being immediate Officer). Then the Reserve Inspector refused the same but the petitioner kept mum, but being in the need of leave, he again made a request on 01.02.1992 to the Reserve Inspector. Then he orally permitted the petitioner to proceed on sanctioned leave. When the petitioner-respondent was proceeding on leave, he got injured and as a matter of result, he sustained grievous injuries on his nose and remained sick for weeks together. He was having severe pain in his stomach for long period. The Doctors of the General Hospital, Dholpur had advised him bed-rest for a period till complete recovery of health and because of this, the petitioner-respondent could not report for the duty upto 02.03.1992 (the date on which the 30 days leave comes to end). He sent an application through UPC to the Reserve Inspector, Dholpur and the Superintendent of Police, Dholpur for extension of his leave in such circumstances. When the petitioner-respondent recovered and went to report for duty and submitted his joining report, the Superintendent of Police sent a notice to the petitioner-respondent on 23.02.1993 and asked him to join his duties within seven days from the receipt of notice. The said notice was received by the petitioner-respondent on 11.03.1993. The petitioner-respondent was served with a charge-sheet dated 18.05.1993 along with the memorandum on 02.06.1993 with particulars of the charges levelled against him and detailed list of the witnesses giving him 15 days time for submitting his reply or explanation regarding the same. The petitioner-respondent submitted an application dated 22.03.1994 to the Reserve Inspector, Police Line Dholpur and explained therein his inability to appear and attend the inquiry scheduled for 22.03.1994 on account of his illness and requesting him for fixing a new date enabling him to appear before the Inquiry Officer for justifying his case. During the period of treatment of the petitioner-respondent, he got a letter dated 02.03.1994 of the Reserve Inspector regarding the Departmental Inquiry and the petitioner-respondent was informed to attend proceedings before the Reserve Inspector on 07.03.1994 for producing the evidence/reply against the charges levelled against him. The petitioner-respondent attended the office on 07.03.1994 while his health did not permit him to leave the bed. The petitioner-respondent requested the Reserve Inspector to supply him copies of the report but the same were not supplied to him. Thereafter, he again submitted another