1. This appeal has been preferred by the Union of India and two others, aggrieved by the judgment of the learned Single Judge dated October 11, 2002, whereby the learned Single Judge allowed the petitioners (respondents) writ petition holding the departmental enquiry proceedings conducted by the respondents was actuated by bias and directed reinstatement of the petitioner with all consequential benefits, including promotion. Due to non-implementation of the judgment, a contempt case was also filed the fate of which would depend on the outcome of this appeal.

2. Respondent (writ petitioner) is employed as SI (Electrician) in the Indo-Tibetian Border Police (ITBP). While he was working in ITBP Academy Mussoorie, he was transferred to SPT Battalion Karera, Madhya Pradesh on July 12, 1989 with a direction to join duty on July 21, 1989. Petitioner did not join the duty and remained absent for 146 days, unauthorisedly. Petitioner reported for duty at SPT Battalion Karera on December 15, 1989 (FN), but was found guilty of disobedience of the order, neglect of duty and misconduct in his capacity as a member of Force under section 11(1) of CRPF Act, 1949 read with Rule