The court emphasized that refusing to pay back wages in circumstances where the petitioner was prevented from serving due to a dismissal order would create serious prejudice and directed payment of back wages in reduced pay for the said period.

Heard Mr. A. De, learned counsel appearing for the petitioner as well as Mr. A. Roy Barman, learned CGC appearing for the respondents.

2. This is the second round of writ petition by the petitioner. The facts in this writ petition are mostly admitted. While the petitioner was working as a Constable in the 9th Battalion CRPF, a departmental proceeding was launched against him on 13.10.1997 on the following two charges:

“CHARGE-I WHEREAS No.861242509 Constable Dilip Kumar Biswas, E/9 Bn. CRPF who was deployed as attended duty in Unit Hospital along with Head Constable Raghuraj Singh on 21-8-97 at morning 6:00 hours without seeking permission from the competent officer or giving any information, be became absconder from the camp which is against the permanent order of the camp and as full disobedience. Therefore, which is punishable under the provision of C.R.P.F. Act, 1949 of Section 11(1) being a member of Force. CHARGE-II WHEREAS No.861242509 Constable Dilip Kumar Biswas, E/9 Bn. CRPF who was deployed as attended duty in Unit Hospital with No.650120307, Head Constable Raghuraj Singh, E/9BN CRPF on 21-8-97 at morning 6:00 hours without seeking permission from the competent authority or given any information he went out from the camp and became absconder which is against the permanent order and on 07:30 hours entered into the Khumpui School cum Hostel, Radhapur Academy, he closed the mouth of a very little female baby and tried to kidnap her. Fortunately once cooker lady and other students made alarm and caught by the mistress of school and other civilians of the locality and thereafter he was handed over to the Civil Police under Jirania Police Station. For the said act being an armed force member became absconder from the camp and also entered into the School without authority which is against the act of discipline and the said act is an offence as per the provisions of CRPF Act, 1949 of Section 11(1) become dis-obedience being a member of force as per the aforesaid section of the said Act.”

3. The charges being disputed by the petitioner were inquired by the 2nd Commanding Officer of the 9th Battalion, CRPF [Sri R.L. Meena]. On enquiry, he submitted the report holding that the charges are proved. Having considered the said enquiry report, by the order dated 16.01.1998 the Commandant, 9th Battalion, CRPF dismissed the petitioner from the service in exercise of the power provided by Section 11 of the Central Reserve Police Force Act, 1949 read with Rule 27 of the Central Reserve Police Force Rules, 1955. The said dismissal order was challenged by the petitioner by filing the previous writ petition being W.P.(C) No.613 of 1999 [renumbered as W.P.(C) No.167 of 2010]. The said writ petitioner was disposed of by the judgment and order dated 16.06.2010 [Annexure-A to the writ petition] holding that the order of penalty dated 16.01.1998 [Annexure-E to that writ petition] passed by the Commandant, 9th Battalion CRPF cannot be sustained wholly inasmuch as the penalty that was imposed on the petitioner was disproportionate. Thus, the Disciplinary Authority was ordered to consider any other lesser penalty except removal and/or dismissal from service. It was further directed that the reconsideration of penalty shall be made within a period of 8(eight) months from the day of the said judgment and order. As corollary to such order, the further direction was made on the respondents as under:

“The reconsideration on the nature of penalty be made within a period of 8(eight) weeks” from today. Appropriate orders on the back wages payable for the period since the date of his dismissal till the petitioner is taken back into service, may also be passed as per the Rules applicable.”

4. In terms of the said judgment and order dated 16.06.2010, the Disciplinary Authority, i.e. the Commandant, 9th Battalion CRPF has passed the fresh penalty of reduction to the lowest stage in the time scale of pay of Constable/GD in CRPF. By same order dated 25.0