IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.15351 of 1999 Between: P.Sangaiah, S/o.Venkaiah, 36 years, Occ: Unemployed, R/o.Ravinutala Village, Kovenapadu Post, Prakasam District. ...PETITIONER AND 1. Union of India, rep.by its Secretary, Ministry of Home Affairs, New Delhi. 2. The Deputy Inspector General of Police, Central Reserve Police Force, Hyderabad. 3. The Commandant, 113 Bn, Central Reserve Police Force, Warangal, Warangal District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Mandamus or any other appropriate Writ or order or direction in the nature of Writ declaring the order of the 3rd respondent in No.VIII-12/97 Estt.2 dated 07.04.1998 and the order of the 2nd respondent in No.R.XIII-2/99 Estt.3 dated 16.04.1999 as highly illegal, arbitrary, unjust, irregular, as made in gross violation of Article 311 of the Constitution of India and violative of the principles of natural justice and to set aside the same and to consequently reinstate the petitioner into service with all consequential benefits of service including payment of back wages etc. Counsel for the Petitioner: MR.J.V.PRASAD Counsel for the Respondents: MR.A.SANJEEV KUMAR, ADDL.SC FOR CG The Court made the following: THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.15351 of 1999 ORDER: The petitioner herein was appointed as a Constable in Central Reserve Police Force (“CRPF” for brevity) in the year 1993 and he put in a continuous service of about four {4} years. Though he applied for leave from 19.04.1997, he did not report to duty after expiry of the said leave and thus, overstayed and remained absent from duty unauthorisedly even after expiry of leave granted to him. In the light of the said misconduct and disobedience of orders, a charge memo was framed and he was served with the said charge memo. The Enquiry Officer conducted disciplinary proceedings and came to the conclusion that the petitioner was guilty of the articles of charge levelled against him. Agreeing with the said report of the Enquiry Officer, the Commandant, 113 Battalion, CRPF, Warangal, passed an order dated 07.04.1998 dismissing him from service. As against that, he gave a representation and the same was treated as an appeal and the appellate authority, i.e., the Deputy Inspector General of Police, CRPF, Hyderabad, vide his order dated 16.04.1999 confirmed the said order of dismissal. Assailing the said order of dismissal, he approached this Court and filed the present Writ Petition. Heard. From a perusal of the material on record, it can definitely be said that there is misconduct and disobedience of the orders. But the fact remains that the worked for a period of four {4} years, i.e., during 1994-1997 and he is out of service for the last twelve {12} years i.e., from 1997-2009. Hence, this Court takes a lenient view and orders his reinstatement as a “fresher” in CRPF. It is made clear that for all purposes the present reinstatement is only a fresh appointment and he is not entitled to claim back wages etc. Accordingly, the Writ Petition is disposed of. No costs. _________________________ (GOPALA KRISHNA TAMADA, J) 11th June 2009 RRB