Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 7087 OF 2002

Union of India & Ors.

….

Appellants

Versus

Bishamber Das Dogra

….

Respondent

J U D G M E N T

Dr. B.S. Chauhan, J.

1.

This Appeal has been filed against the Judgment and Order of

the Division Bench of the Calcutta High Court dated 31^st January,

2002 in FMAT No. 1370 of 1992 by which it affirmed the judgment

and order dated 16^th July, 1991 of the learned Single Judge passed

in Civil Order No.3885 W of 1987 setting aside the order of

punishment of removal awarded by the Disciplinary Authority to the

respondent employee.

2.

The facts and circumstances giving rise to this appeal are that

respondent joined the service as Security guard in Central

Industrial Security Force (CISF) in August, 1980. He remained

absent from duty without seeking permission or leave, thus, vide

order dated 12^th August, 1984, he was awarded the entry of censure

for the same. Respondent was again punished for remaining

absent from duty for three days vide Order dated 22^nd July, 1985

withholding one annual increment for two years. The respondent

again absented