Jharkhand High Court
The Union Of India vs Unknown on 28 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 832 of 2019
1.The Union of India
2.Secretary, Ministry of Home Affairs, Government of India, North Block
P.O.-G.P.O New Delhi, P.S. Raisana Hill, New Delhi
3.Inspector General, Central Industrial Security Force, Sri Krishna Nagar,
Near IAS Colony, P.O & P.S. - Sri Krishna Nagar, Patna
4.The Deputy Inspector General, Central Industrial Security Force Unit,
Bokaro Steel Limited, P.O. & P.S.- Bokaro Steel City, Bokaro
5.The Commandant, Central Industrial Security Force Unit Bokaro Steel
Limited, P.O. & P.S.- Bokaro Steel City, Bokaro
6.The Deputy Commandant, Central Industrial Security Force Unit Bokaro
Steel Limited, P.O.& P.S.- Bokaro Steel City, Bokaro
The appellant Nos. 1 to 4 and 6 are duly represented through the appellant
No. 5 (The Commandant, Central Industrial Security Force Unit Bokaro
Steel Limited, P.O. & P.S.- Bokaro Steel City, Bokaro)
--- --- Appellants
Versus
1(a) Usha Devi ( aged about 52 years) w/o Late Ramanand Kumar Savita
1(b) Deepak Kumar (aged about 37 years) S/o Late Ramanand Kumar Savita
1(c) Sweety Kumari ( aged about 21 years) d/o Late Ramanand Kumar Savita
1(d) Suman Kumari ( aged about 20 years) d/o Late Ramanand Kumar Savita
1(e) Sonali Kumari ( aged about 19 years) d/o Late Ramanand Kumar Savita
1(f) Anshu Kumar (minor) ( aged about 13 years ) S/o Late Ramanand Kumar
Savita, Anshu Kumar ( minor) is represented through its mother and natural
Guardian, namely Usha Devi
All residents of House No. 442, Bangalidih, Village & P.O & P.S.-
Dobhi, District Gaya, Bihar, Pincode-824201
--- --- Respondents
.......
CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellants : Mr. Anil Kumar , Addl. S.J.I.
: Mr. Abhijeet Kumar Singh, A.C to ASGI
For the Respondent : Mr. Deepak Kumar Prasad, Advocate
Order No.08/ Dated 28th August, 2023
The instant appeal preferred under Clause 10 of the Letters Patent,
is directed against the order/judgment dated 14.06.2019 passed in
W.P.(S) No. 6276 of 2011 by the learned Single Judge of this Court
whereby and where under the writ petition preferred by the writ
petitioner has been illegally allowed.
2. It appears from the order passed by the learned Single Judge that
the order dated 25.06.2011 passed in exercise of power conferred under
Rule 25 of the Central Civil Services Leave Rules, 1970 by which the
period from 15.04.1999 to 28.12.2010 has been denied to be considered
as the continuity in service and thereby the writ petitioner has been
deprived period of salary for the aforesaid period.
3. Mr. Anil Kumar, learned Additional Solicitor General of India has
submitted by referring to one document as appended to the
supplementary affidavit filed on behalf of the respondent that subsequent
to the passing of the order dated 25.06.2011 under Rule 25 of the CCS
Rule, 1970 a fresh order was passed in view of the provision of Rule 55
of the Central Industrial Security Force Rules, 2001 on 20.03.2018
whereby and where under following order was passed:
OFFICE OF THE DEPUTY INSPECTOR GENERAL
CENTRAL INDUSTRIAL SECURITY FORCE
(MINISTRY OF HOME AFFAIRS)
No E-24018/CISF/BSL/Ad 4/Leave/18-799 CISF Unit
BSL Bokaro
Dated:
20/03/2018
UNIT SERVICE ORDER PART-II NO. 225/2018
Amendment:
CISF No.894652154 Constable Ramanand Kumar Savita
was proceded against departmentally Under Rule-34 of CISF Rules
1960 (now under rule-35 of CISF Rules 2001 amended Rule 2007)
and awarded with the penalty of 'Dismissal from Service. Aggrieved
with the penalty awarded by the Disciplinary Authority and
confirmed by the Appellate Authority he filed a writ petition before
the Hon'ble High Court of Patna which was subsequently
transferred to Jharkhand high Court at Ranchi vide CWJC
No.3400/1999(R).
2. Upon hearing the Hon'ble Court decided on 26/26-07-2006
that the punishment is higher side and directed to the Disciplinary
Authority for awarding lesser punishment. Accordingly, punishment
was modified to that of "Reduction of pay by 03 stages, in pre-
revised scale ie. Rs. 3050-75-3950-80-4590 from Rs 3275/- to
Rs.3050/- for a period of 03 years with direction that he will not
earn increment during the said period and after completion of said
punishment, the reduced pay will have effect on his future
increment vide order dated 03-12-2010 and accordingly he joined
CISF Unit BSL Bokaro on reinstatement on 29/12/2010.
3 His intervening period from 15/4/99 to 28/12/10 ie from the
date of dismissal to re instatement was required to be regularized
as 'Dies Non' on the principle of 'no work no pay, therefore, 'Show
Cause Notice' bearing No.(228) dated 18/01/2011 was issued and
regularized vide CISF Unit BSL Bokaro Service Order Part-Il No.
94/2011 dated 02/03/2011 and subsequent amendment order Part-Il
No.279/2013 dated 31/07/2013.
4. The order so issued for regularization of intervening period
needs certain amendment and as such the following amendment is
hereby made:
FOR
U.S.O.Part-II No.279/2013 dated 31/07/2013
No.894652154 Constable RNK Sabita
His period from his dismissal to date of his re-instatement in
service wef. 15/04/99 to 28/12/10 (11 years 08 months and 14 days)
is regularized under rule 25 of CCS leave rule wef. 15/4/99 to
28/12/10 for (11 years 08 months and 14 days) HPL without leave
salary.
READ:
No.894652154 Constable Ramanand Kumar Savita
His contention dated 27/01/2011 to the Show Cause Notice
was considered and found unconvincing, therefore, his intervening
period is regularized as 'Dies Non under the provision of Rule F.R-
17(1) read with Rule-55 of CISF Rules 2001 for which he will not
be entitled to any pay & allowances for the intervening period from
15/4/99 to 28/12/10 (11 years 08 months and 14 days) i.e. from date
of dismissal to date of his re-instatement on the basis of "No work
no pay and this period will be treated as break in service. However,
his previous service will be continued for all the purposes except
the period of 'Dies Non' as enumerated above. As such his previous
service rendered before the date of dismissal will not be forfeited
and treated as continued for pensionary benefits (excluding the
period of 'Dies Non').
Commandant/Adm.
CISF Unit BSL Bokaro
4. Learned Additional Solicitor General of India has submitted that
in view of the order dated 20.03.2018 the appeal appears to have been
filed inadvertently and as such permission has been sought for to
withdraw the instant appeal.
5. Mr. Deepak Kumar Prasad, learned counsel for the respondent/
writ petitioner has submitted that the aforesaid order dated 20.03.2018
requires to be challenged by the writ petitioner and as such liberty has
been sought for.
6. There is no objection on behalf of learned Addl. S.G.I so far as
liberty is concerned.
7. Considering the same, the instant appeal is dismissed as
withdrawn.
8. It is left open for the respondent / writ petitioner to challenge the
order dated 20.03.2018, if the respondent so wishes.
9. Accordingly, Instant appeal is disposed of.
(Sujit Narayan Prasad, J.)
A.Mohanty (Navneet Kumar, J.)
