Bhupender Kumar v. Union of India & Ors

O R D E R %

08.09.2015

Issue notice. Mr B.K. Raut, Pairvi Officer, accepts notice on behalf of the CRPF.

The petitioner's grievance is that respondent-CRPF has not till date passed any consequential orders after his reinstatement in services.

The petitioner was arrayed as accused in FIR No.840/2007; this led to a criminal charge and his conviction on 11.11.2010 by the Competent Court. In the meanwhile, the CRPF proceeded the departmental proceedings and imposed penalty of dismissal on

21.10.2010. The petitioner's appeal was allowed by this Court on

15.05.2012 and he was acquitted. Consequently, he represented to the CRPF for reinstatement. This proved to be of no avail and he had to approach this Court in W.P.(C) No.4598/2013. The CRPF stated that the matter was under examination. Later, on 19.01.2014, the petitioner was reinstated in the services.

It is stated that till date, the respondents have not made any order as to the manner in which the period from the date of his dismissal till the reinstatement is to be treated. It is submitted that the petitioner is entitled to arrears of salary, etc.

The Court is of the opinion that the respondents should pass an appropriate order in terms of FR 54, 54-B or any other applicable law or regulation with respect to the said period when the petitioner was out of employment; now that he has been reinstated after his acquittal. The said order shall be made within six weeks from today.

The petition is disposed of in above terms.

Order dasti.

S. RAVINDRA BHAT, J

DEEPA SHARMA, J SEPTEMBER 08, 2015 bg

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8569/2015 and CM No.18516/2015 BHUPENDER KUMAR ..... Petitioner Through: Mr R.M. Tufail and Mr Vishal Raj, Advs. versus UNION OF INDIA & ORS ..... Respondents Through: Mr B.K. Raut, Pairvi Officer and Mr S.S. Sejwal, Law Officer, CRPF CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA