JUDGMENT :

1. With consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.

2. The instant appeal is under Clause 10 of the Letters Patent of High Court of Judicature at Patna directed against the order/judgment dated 02.08.2019 passed by learned Single Judge of this Court in W.P. (S) No. 7563 of 2006 whereby and whereunder the order of punishment dated 19.04.1997 whereby the writ petitioner has been removed from service as also the order passed by the appellate authority dated 02.08.1997 confirming the order passed by the disciplinary authority have been quashed and set aside and the matter has been remitted before the disciplinary authority to pass a fresh order within a period of 12 weeks from the date of receipt/production of a copy of the order.

3. The brief facts of the case which are required to be enumerated, read as under:

The writ petitioner was appointed as Constable under Central Industrial Security Force (hereinafter referred as CISF) and while posted at Kargali Unit of CCL, Bokaro he got an information from his sister-in-law on 09.10.1996 that his wife was unwell and was at her last stage and as such, he became very upset and he could not be able to think anything except his wife and one year son and immediately rushed to his in-laws place.

He, after reaching his in-laws house, has seen his wife suffering from some shadow, shadow of some unseen power, and her treatment was only available at and by one Olisha Baba at Chandauri in Giridih District and as such, the writ petitioner immediately left with his wife and one year son for her treatment by Olisha Baba.

The writ petitioner came back after recovery of his wife and gave his joining on 06.01.1997 where he was informed that he had absented himself from duty without leave/permission of the authority from the unit and as such, three letters/notices were sent on his home address but no reply was received. He was decided to be proceeded with departmental proceeding as such, a memorandum of charge was also served but has not been responded.

Thereafter, a regular departmental proceeding has been initiated by issuing charge-sheet dated 20.12.1996 on the charge of gross misconduct, indiscipline and unbecoming of a member of the force on the ground that he was functioning as Constable but he absented himself without leave/permission of the competent authority from the unit line with effect from 09.10.1996.

The authority has also appointed an Enquiry Officer to enquire into the charges levelled against the writ petitioner which has been attended by the writ petitioner on each and every date. The writ petitioner has tendered his apology for his act by narrating the entire fact about illness of his wife and under what circumstances he had left without the leave/permission of the authority.

The Enquiry Officer has found the charge proved against the writ petitioner and forwarded the Enquiry Report before the disciplinary authority who on its acceptance, inflicted the punishment of removal from service with immediate effect vide order dated 19.04.1997. Further, holding the period of absence from 09.10.1996 to 06.01.1997 i.e. the period of 90 days, would be regularized separately.

The writ petitioner preferred an appeal against the order dated 19.04.1997. However, before disposal of the appeal filed by the writ petitioner against the order of removal dated 19.04.1997, the writ petitioner preferred writ petition before this Court being W.P. (S) No. 1691 of 2004 which was disposed of vide order dated 29.03.2004 with a direction upon the Director General of Police, CISF, CCL, Kargali Unit to dispose of the appeal preferred by the writ petitioner within a period of three months and in terms thereof, the appellate order dated 02.08.1997 was communicated to the writ petitioner vide letter dated 12.05.2004 whereby the appeal preferred by the writ petitioner had been rejected.

The writ petition