Rajiv Narain Raina, J.:-

1. This writ petition is by Zuber Ahmed, an ex-constable of the Central Reserve Police Force against a punishment order dated March 19, 1993 inflicted by the Commandant, 84th Battalion, CRPF, Faridkot, Punjab dismissing him from service following an order passed earlier in the day awarding him sentence of simple imprisonment till the rising of the Court in a judicial trial held by the same Commandant-6th respondent concluding it in ten days. The sentence was imposed on the petitioner by the Commandant after trial by virtue of powers vested in him by the Central Government under s. 16 of the Central Reserve Police Force Act, 1949 read with GSR-43 (F) dated January 26, 1978 ('CRPF Act' for short) which authorized him to act as the Chief Judicial Magistrate to try the commission of offences committed by a member of the Force including the one under the residuary clause in sub-s. (n) of s. 10 of the Act under which the petitioner was charged and tried for what in pith and substance amount to an attempt to molest and to outrage the modesty of a woman by leaving his call of duty for about 10 minutes by change of guard post with another constable though the charges are not exactly worded thus. This petition was admitted by the Division Bench on November 29, 2001 to be heard within one year but could not be for reasons beyond control of this Court in the face of mounting arrears of cases. Before he approached this Court the petitioner had already lost six years in pursuing his remedy in the Calcutta High Court only to be told at the end of the day that it lacked territorial jurisdiction in the matter. That is how he came to this Court in 1999 being the proper forum for vindication of his rights asserted against the CRPF for alleged wrongful dismissal from service in the year 1993 when the petitioner was a young constable aged about 24 years. His date of birth recorded in the dismissal order is December 14, 1967 which makes him about 48 years of age.

2. The Act reveals that s. 10 lists sixteen less heinous offences which invite imprisonment for a term which may extend to one year, or with fine which may extend to three months' pay, or with both. Under s. 10(n)a member of the Force is punishable if he: ""is guilty of any act or omission which, though not specified in this Act, is prejudicial to good order and discipline;"" The sentence till the rising of the court was imposed on the petitioner for committing offences defined in s. 10(n) of the Act vide judgment of conviction and sentence dated March 19, 1993 on the following charge:-

""I, Pushkar Singh, Chief Judicial Magistrate, do hereby charge you Zuber Ahmed as follows:-Firstly-That you on 19.10.92 at about 2320 hrs. while on duty, left your duty place and entered in the house of Shri Kala Singh, Security aide of Shri P.S. Badal, Ex-Chief Minister of Punjab and caught hold of mouth of Smt. Gurdev Kaur wife of Shri Kala Singh with malafide intention and ran away from the scene after hearing alarm from the children of Smt. Gurdev Kaur and thereby, committed an offence punishable under s. 10(n) of CRPF Act, 1949 and within cognizance of this court. I, hereby direct that you be tried by me in this court on the above charge.""

3. What followed was dismissal from service based on judgment of conviction on the charge framed by virtue of recording of finding of guilt and order of sentence of imprisonment till the rising of the court. The Office Order dismissing the petitioner from service carried further burdens. The period of suspension from October 22, 1992 to March 19, 1993 was ordered to be treated as period not spent on duty. The pay and allowances were restricted to the subsistence allowance already drawn. The period described as desertion from November 16, 1992 to January 1, 1993 (56 days) was treated as dies non. However, no charge was framed against Zuber Ahmed for desertion from duty during any period including the period of suspension, which could have been a

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