JUDGMENT

Ahanthem Bimol Singh, J. - Heard Mr. N. Umakanta, learned counsel appearing for the petitioner and Mr. S. Suresh, learned ASG appearing for the respondents.

2. The present writ petition has been filed challenging the order dated 18.08.2010 passed by the Commandant-165 Bn, CRPF wherein, it has been ordered that after his reinstatement in service, the petitioner will not be entitled to any back wages for the intervening period between the date of his removal from service till the date of joining his service, coupled with a prayer for directing the respondents to pay the arrear salary of the petitioner for the period from which he was removed from service till the date of his reinstatement.

3. The facts of the present case in a nutshell is that while the petitioner was serving as CT/Mochi under No. 960230027 of the 165 Bn., CRPF, he was detailed for duty on 04.09.2005 for protection of the vehicles engaged for transportation of store materials and protection party. On that day while the petitioner was on duty, he had a heated argument with one Shri RK Nair, CT/Driver and the same was followed by some scuffle between the two in which the rifle allotted to the petitioner was snatch away by the aforesaid Shri RK Nair and deposited the same to the higher authority of the CRPF. Thereafter, complaint was made against the petitioner that the petitioner cocked his rifle and pointed the same at the aforesaid Shri. R.K. Nair, before the same was snatch away by the said CT/Driver. It was also alleged that the petitioner was under the influence of liquor at the time of occurrence of the incident.

4. In order to ascertain whether the petitioner consume liquor and was under the influence of liquor while on duty on 04.09.2005, the CRPF authority sent the petitioner to the District Chief Medical Officer, Dibrugarh, Assam for medical examination. Thereafter, the medical officer in the Department of casualty, medical college and hospital, Dibrugarh, examining the petitioner and submitted his report to the CRPF authority on 08.09.2005, wherein, it was reported that the petitioner was normal by all clinical test, however, the medical officer, basing of the clinical findings, gave his opinion that the petitioner has consumed alcohol like substance but he was under control.

5. On the aforesaid premises, the disciplinary authority initiated the disciplinary proceeding against the petitioner under sections 11 (i) of the Central Reserve Police Force Act, 1949.

After following all the due procedure and after holding a detail enquiry, the enquiry officer submitted his report to the disciplinary authority by holding that the charges level against the petitioner has been proved and on the basis of the said report the disciplinary authority issued an order dated 25.01.2006 imposing upon the petitioner the penalty of removal from service and consequently the petitioner was terminated from service. The statutory appeal filed by the petitioner against the aforesaid order of the disciplinary authority was also dismissed by the appellate authority by an order dated 21.02.2007.

Having been aggrieved, the petitioner filed a writ petition being W.P. (C) No. 247 of 2007 in the Hon'ble Guwahati High Court challenging both the orders of the disciplinary authority as well as of the appellate authority.

6. The said writ petition was allowed by the Hon'ble High Court by interfering with the findings of the enquiry officer and by quashing the impugned orders removing the petitioners from service and also the order dismissing the statutory appeal filed by the petitioner, vide judgment dated 09.03.2009 passed in W.P. (C) No. 247 of 2007. However, in the said judgment the Hon'ble Judge recorded the admission made by the petitioner that there was a scuffle between the petitioner and another member of the force.

After quashing the orders impugned in the said writ petition, the Hon'ble Court gave the following directions:-

"14- For the reasons discuss above and in view of the quas