JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard through Video Conferencing.

2. The instant writ application has been preferred by the petitioner praying for quashing and setting aside the order dated 18.07.2014, passed by respondent No. 4, whereby the concerned respondent has forfeited the salary of intervening period from the date of dismissal to date of reinstatement i.e. from 01.09.1998 to 30.03.2011 on the ground that “period not spent on duty.”

3. The fact of the case has a checkered history. On 21.05.1998, while the petitioner was posted at Dum-dum Airport, Kolkata as LNK (Lance Naik), he was served with a charge sheet. The petitioner was exonerated from the second charge by the Inquiry Officer. However, charge No. 1 was proved and the disciplinary authority dismissed the petitioner from his service w.e.f. 01.09.1998 besides forfeiture of medals and decorations earned by him.

The petitioner assailed the aforesaid order of termination before the Kolkata High Court in W.P. No. 11317(W) of 1999. The said writ petition was allowed in favour of the petitioner and he was directed to be reinstated in service with all back wages.

4. The respondent authorities challenged the order of the Writ Court i