Hon’ble Anil Kumar, J.—Heard Sri Bhoopendra Nath Singh, learned counsel for the petitioner and Dr. Ashok Nigam, Assistant Solicitor General of India assisted by Sri S.K. Rai, Advocate.

2. Facts in brief as submitted by the learned counsel for the petitioner are that the petitioner was initially selected and appointed on the post of Constable in Central Industrial Security Force (Ministry of Home Affairs) (hereinafter referred to as the CISF), in pursuance to the same he joined his duties, thereafter selected as ASI/Clerk in the CISF on 28th August, 1989, joined the said post in the month of November, 1989 and started discharging his duties with said capacity. While he was posted at CISF Unit LPG Tikri Kalan (N. Delhi), a charge-sheet dated 15/16 January, 2001 issued by the respondents in which the following charges were levelled :

CHARGE - I- That you No. 803470127 ASI (CLK) Rambir Singh Tokas of CISF Unit LPG (BP Tikrikalan, Delhi have deliberately and with your dishonest intentions submitted a bill of re-imbursement amount to Rs. 4020/- as cost of spectacles for your wife namely Smt. Darshan Devi in contravention of the Medical Attendance Rules of the Force.

Thus, the act done intentionally by you amounts to gross misconduct, detrimental to the interest of other members of the Force and attempt to defraud the Force and also a grave indiscipline and contrary to devotion to duty with absolute dignity and utmost honesty. Further, by your aforesaid act, you have caused the supervisory officers of the Force to use, the lawful powers vested In them, injurious to the interest of the other members of the Force. Thus, you have rendered yourself unbecoming a member of an Armed Force of the Union. Hence the charge.

CHARGE - II- That you No. 803470127 ASI(Clk) Rambir Singh Tokas of CISF Unit LPG(BP Tikrikalan, Delhi have paid Rs. 3400/- for spectacles of your wife Smt. Darshan Devi but for the purpose of re-imbursement, you have intentionally and deliberately submitted a forged bill of Rs. 4020/- in support of your claim knowing fully well that the said bill is not genuine one. The aforesaid act committed by you amounts to a gross misconduct and indiscipline. As a member of the Force, you have acted in disregard of the norms/rules of the Force which amounts to dereliction of duty and also against absolute devotion towards dut. Thus, you have rendered youself unbecoming to be a member of the Armed Force of the Union. Hence the charge.

And after receiving the same he submitted a representation dated 1st February, 2001 requesting therein that the departmental inquiry may be postponed till the criminal case lodged against him on the basis of FIR No. 68/99 is decided as the charges which were levelled on him vide charge-sheet dated 15/16.1.2001 are identical and similar in nature on the basis of Criminal case pending against him in competent Court.

3. However, the said request of the petitioner was not considered and on 26th September, 2001 the disciplinary authority appointed Sri B.D. Deepak, Assistant Commandment, CISF Unit OCS, Shakurbasti as Inquiry Officer to conduct the inquiry in the matter in question. Further during the course of the inquiry proceedings petitioner also submitted representation before the Inquiry Officer inter alia stating therein that till the disposal of the criminal investigation or proceedings the departmental inquiry be kept in abeyance but no heed was paid by the Inquiry Officer, for redressal of his grievances so he filed a Writ Petition (No. CWP No. 259/2002) before the High Court at Delhi.

4. In the said writ petition, on 15th February, 2002, the Delhi High Court passed an order that “in the meanwhile, respondents are directed not to conduct any departmental enquiry as criminal investigations are being carried out on FIR registered against the petitioner, till the next date of hearing”.

5. On 12th July, 2002 an order was passed by which petitioner was Compulsorily Retired. Aggrieved by the said orde